Terms of Service

Terms of Service for Dynamic Learner Platform

1. Acceptance of Terms

Welcome to the Dynamic Learner Platform (“Platform,” “Service,” “DLP”). These Terms of Service (“Terms”) govern your use of the Dynamic Learner Platform operated by the Peter Clark Center at Breck School.

By accessing or using the Platform, you (“Student,” “you,” “your”) and your parents/guardians (if you are under 18) agree to these Terms and acknowledge that this is a legally binding agreement. If you do not agree to these Terms, you must not use the Platform.

Eligibility Requirements:

• Enrolled students at partner educational institutions
• Age 13 or older (with special protections for students under 13)
• Valid school email address for authentication
• Completion of required consent and authorization processes

2. Service Description and Educational Purpose

Core Platform Services

The Dynamic Learner Platform provides personalized learning support through a software platform and artificial intelligence technology, including:

AI-Powered Educational Coaching:

• Individualized coaching and academic assistance
• Learning strategy recommendations and study planning
• Progress tracking and performance analytics
• Integration with school curricula and educational standards

Communication and Messaging:

• Multi-platform messaging support (Apple Messages, WhatsApp)
• Scheduled check-ins and proactive coaching outreach
• Real-time academic support and homework assistance
• Crisis intervention and mental health resource connection

Learning Profile Management:

• Development of personalized learning profiles based on academic performance
• Integration with school Dynamic Learner Profile (DLP) databases
• Long-term learning progress tracking and goal setting
• Customized content recommendations and resource curation

Educational Purpose Limitation

This Platform is designed exclusively for educational purposes. All data collection, processing, and AI interactions are intended to support student learning, academic achievement, and educational well-being. Commercial use of student data is strictly prohibited.

The AI coaching system is designed to supplement, not replace, human teachers, counselors, and educational professionals. Students should continue to engage with human educators for comprehensive learning support.

3. Account Registration and Security

Authentication Process

• School email verification with one-time password (OTP) system
• Integration with school single sign-on (SSO) systems where available
• Multi-factor authentication for enhanced security
• Regular password and access credential updates

Account Responsibilities

Students must:

• Maintain confidentiality of login credentials
• Provide immediate notification of suspected unauthorized access
• Comply with school acceptable use policies
• Use Platform features and AI interactions responsibly
• Keep contact information current and accurate

Parental Involvement

• Parents of students under 18 must receive notification of Platform use
• Parents of students under 13 must provide or authorize consent through school
• Parents retain rights to access, modify, or terminate student accounts

4. Acceptable Use Policy

Permitted Uses

Educational Activities:

• Seeking academic help, tutoring, and learning support
• Participating in scheduled coaching sessions and check-ins
• Using AI assistance for homework, study planning, and skill development
• Accessing educational resources and personalized learning materials

Personal Development:

• Setting and tracking academic and personal goals
• Developing time management and organizational skills
• Building learning strategies and study habits
• Seeking guidance on academic and career planning

Prohibited Uses

Academic Dishonesty:

• Using the Platform to complete assignments intended for independent work without disclosure
• Submitting AI-generated content as original student work without proper attribution
• Violating school academic integrity policies or honor codes
• Circumventing academic assessment and evaluation procedures

Harmful or Inappropriate Behavior:

• Harassment, bullying, or intimidation of others through the Platform
• Sharing inappropriate, offensive, or harmful content
• Attempting to manipulate or circumvent AI systems for non-educational purposes
• Using the Platform for commercial activities or unauthorized solicitation

Technical Violations:

• Attempting to access other students’ accounts or data
• Reverse engineering, decompiling, or attempting to extract AI algorithms
• Introducing malware, viruses, or other harmful code
• Circumventing security measures or access controls
• Impersonating others or providing false information

Consequences for Violations

Progressive Disciplinary Actions:

• Warning and counseling for minor violations
• Temporary suspension of Platform access
• Permanent account termination for serious violations
• Referral to school disciplinary authorities
• Legal action for violations of law

5. AI System Terms and Limitations

AI-Generated Content Disclaimers

No Guarantee of Accuracy: AI-generated responses, recommendations, and educational content may contain errors, inaccuracies, or outdated information. Students should:

• Verify important information with teachers, parents, or authoritative sources
• Use AI assistance as a learning tool, not a replacement for critical thinking
• Understand that AI responses are generated based on training data and algorithms

Automated Decision-Making

AI Recommendation Systems: The Platform uses automated systems to generate:

• Personalized learning recommendations and study plans
• Academic progress assessments and feedback
• Resource and content suggestions
• Intervention triggers for academic or emotional support

Student Rights Regarding AI Decisions:

• Right to explanation of how AI recommendations are generated
• Right to request human review of AI-generated assessments
• Right to opt-out of certain automated profiling activities
• Right to correction of inaccurate AI-generated profile information

AI Training and Improvement

Data Use for AI Development:

• Individual student data is never used for AI model training without explicit consent
• Aggregated, de-identified data may be used to improve Platform services
• Students may opt-out of having their data included in platform improvement analytics
• All AI development complies with educational privacy laws and ethical guidelines

6. Safety and Crisis Intervention

Mental Health Monitoring and Support

Automated Safety Systems: The Platform includes AI-powered monitoring for:

• Indicators of academic distress or mental health concerns
• Self-harm, suicidal ideation, or crisis situations
• Abuse, neglect, or other safety risks
• Behavioral patterns suggesting need for additional support

Crisis Response Procedures: When safety concerns are identified:

• Immediate alert to trained school counselors and mental health professionals
• Coordination with parents/guardians as appropriate
• Connection to crisis resources including 988 Suicide & Crisis Lifeline
• Documentation and follow-up to ensure student safety and well-being

Student Consent to Safety Monitoring: By using the Platform, you acknowledge and consent to safety monitoring and intervention processes. This monitoring exists solely to connect you with help when needed.

Mandatory Reporting and Disclosure

Legal Reporting Obligations: The Platform and Company personnel may be required to report:

• Suspected child abuse or neglect to appropriate authorities
• Imminent threats to student safety or welfare
• Court-ordered disclosures or legal process requirements
• Other disclosures required by federal or state law

7. Privacy and Data Protection

The Platform maintains comprehensive privacy protections through:

Federal Law Compliance:

• Full compliance with FERPA (Family Educational Rights and Privacy Act)
• COPPA (Children’s Online Privacy Protection Act) adherence for students under 13
• Section 504 and ADA accessibility requirements

State Law Compliance:

• Minnesota Student Data Privacy Act (MSDPA) full compliance
• Minnesota Consumer Data Privacy Act adherence
• State educational privacy and security requirements

Data Security Measures:

• End-to-end encryption for all data transmission and storage
• Multi-factor authentication and access controls
• Regular security audits and penetration testing
• 24/7 security monitoring and incident response

Detailed privacy practices are described in our Privacy Policy, which is incorporated by reference into these Terms.

8. Third-Party Integrations and Services

Messaging Platform Integration

Apple Messages and WhatsApp:

• Integration complies with platform privacy policies and terms of service
• End-to-end encryption maintained through official APIs
• No unauthorized access to non-educational messaging content
• Students may disable messaging integration while maintaining core Platform access

School System Integration

Educational Database Access:

• Integration with school information systems limited to authorized educational purposes
• Access to Dynamic Learner Profile (DLP) and academic records as permitted by FERPA
• Secure API connections with audit trails and access logging
• School oversight and control of data sharing and access

Educational Technology Partners

Third-Party Educational Services:

• Integration with approved educational software and platforms
• Shared data limited to legitimate educational purposes
• All partners subject to equivalent privacy and security requirements
• Students and parents notified of all significant third-party integrations

9. Intellectual Property and Content Rights

Student-Generated Content

Student Ownership: Students retain ownership of original creative work, assignments, and personal content created using the Platform, including:

• Written assignments and creative projects
• Personal reflections and journal entries
• Original ideas and creative expressions
• Personal learning goals and plans

Limited License to Company: Students grant the Company a limited license to:

• Store and display student content within the Platform for educational purposes
• Use content to provide personalized learning recommendations
• Include de-identified content in educational research (with explicit consent)
• Backup and maintain content for data protection purposes

Platform and AI Content

Company Intellectual Property: The Company owns all rights to:

• Platform software, algorithms, and AI systems
• Educational content and curriculum materials
• Platform design, user interface, and branding
• Aggregated analytics and insights derived from Platform use

AI-Generated Content: Content generated by AI systems in response to student queries:

• Is provided for educational use only
• May not be accurate or complete
• Should not be represented as original student work without disclosure
• Remains subject to Platform terms and educational use limitations

10. Service Availability and Technical Terms

Platform Availability

Service Level Commitments:

• 99.5% uptime availability target (excluding scheduled maintenance)
• 24/7 crisis intervention and safety monitoring
• Regular system updates and security patches
• Prompt resolution of technical issues affecting educational services

Planned Maintenance:

• Scheduled maintenance during non-peak educational hours
• Advance notice provided to students, parents, and schools
• Minimal disruption to ongoing educational activities

Technical Requirements and Compatibility

Student Device Requirements:

• Compatible smartphone or computer with internet access
• Supported messaging applications (Apple Messages, WhatsApp) if using messaging features
• Modern web browser with JavaScript enabled
• Sufficient data plan or Wi-Fi access for regular Platform use

Accessibility Features:

• Compliance with Web Content Accessibility Guidelines (WCAG) 2.1 AA
• Screen reader compatibility and keyboard navigation
• Text-to-speech and speech-to-text capabilities
• High contrast and large text options

11. Service Funding and Commercial Terms

Educational Partnership Model

School Partnership Arrangement: The Platform is provided to students through partnerships with educational institutions:

• No direct charges to students or families
• Funding provided through educational partnerships and grants
• Compliance with educational funding and procurement requirements

No Commercial Advertising:

• No third-party advertising or marketing to students
• No sale of student data for commercial purposes
• No promotional content unrelated to educational services
• Focus exclusively on educational value and student learning

12. Disclaimers and Limitations

Service Disclaimers

“As-Is” Service: The Platform is provided on an “as is” and “as available” basis. We make no warranties or guarantees that the Platform will:

• Meet specific expectations or achieve particular educational results
• Provide error-free, complete, or perfectly suited AI responses
• Be available uninterrupted, secure, or free of technical issues at all times

No Medical or Counseling Advice: The Platform’s content should not be taken as medical, psychological, or other professional counseling advice. Always seek assistance from qualified professionals for concerns beyond educational support.

Limitation of Liability

To the maximum extent allowed by law, the Company’s total liability for all claims arising from or relating to Platform use is limited to $100 or the amount actually paid for Platform use, whichever is greater.

The Company will not be liable for indirect, incidental, special, consequential, or punitive damages arising from Platform use, including damages for lost profits, lost data, personal injury, or emotional distress.

13. Account Termination

Student-Initiated Termination

Voluntary Account Closure: Students (or parents of minors) may terminate Platform use at any time:

• Request account closure through Platform settings or support contact
• Data deletion within 30 days of termination request
• Continued access to exported educational data and learning profiles
• Coordination with schools regarding ongoing educational support needs

Company or School-Initiated Termination

Administrative Termination: Accounts may be terminated for:

• Graduation or transfer from partner educational institution
• Violation of Terms of Service or acceptable use policies
• Safety concerns requiring Platform access restriction
• Technical or security issues requiring account closure

Termination Procedures:

• 30-day advance notice when possible (except for safety-related terminations)
• Opportunity to export personal data and educational profiles
• Coordination with schools for educational continuity
• Appeal process for disputed terminations

14. Dispute Resolution and Legal Terms

Informal Resolution Process

Students, parents, and schools are encouraged to resolve disputes through:

• Direct communication with Platform support team
• Involvement of school counselors or administrators
• Mediation through educational institution processes
• Collaboration to find mutually acceptable solutions

Legal Framework and Jurisdiction

Governing Law: These Terms are governed by:

• Federal educational privacy and consumer protection laws
• Minnesota state law and regulations
• Local jurisdiction requirements for partner educational institutions

Dispute Resolution: Any legal action or proceeding related to the Platform shall be brought in the state or federal courts located in Hennepin County, Minnesota, and you consent to the jurisdiction of those courts.

15. Changes to Terms of Service

Modification Process

Notice and Consent:

• 30-day advance notice of material changes to Terms
• Email notification to students and parents
• Posting of updated Terms on Platform with clear change highlights
• Opportunity to terminate service if changes are unacceptable

Continued Use: Continued use of the Platform after Terms changes constitutes acceptance of new Terms. Students and parents who disagree with changes may terminate service without penalty.

16. General Provisions

Entire Agreement: These Terms (along with the Privacy Policy) constitute the entire agreement regarding Platform use.

Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.

No Waiver: Failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment: Students may not assign these Terms without written consent. The Company may assign rights and obligations to affiliates or in connection with business transactions.

17. Contact Information and Support

Technical and Educational Support

Platform Support:

• Email: support@dynamiclearner.org
• Phone: 612-964-3893

Privacy and Legal Inquiries

Privacy Questions:

• Email: privacy@dynamiclearner.org
• Phone: 612-964-3893
• Data Protection Officer available for complex privacy questions

Crisis and Safety Support

24/7 Crisis Support:

• Local crisis resources and emergency services
• School counselor emergency contact procedures

18. Acknowledgment and Agreement

By using the Dynamic Learner Platform, students and parents acknowledge that they have read, understood, and agree to be bound by these Terms of Service and the associated Privacy Policy. This agreement is effective as of the date of first Platform use and continues until terminated in accordance with these Terms.

Electronic Signature Acceptance: Use of the Platform with school email authentication constitutes electronic signature and agreement to these Terms under applicable electronic signature laws.