Terms of Service

These Terms of Service (the “Terms”) are a contract between you and Frizzle, Inc (“Frizzle,” “we,” “us”) for use of our websites, applications, APIs, models, browser features, and related services (the “Service”).

Privacy Policy / public DPA. Our Privacy Policy is incorporated into these Terms. It is Frizzle’s public student-data and educator-privacy terms (FERPA school-official, COPPA school-consent, SOPPA, NY Ed Law 2-d, SDPC, retention and deletion). When we process student data for a school, those commitments apply. If your school or district needs a separately signed DPA, email support@frizzle.com.

Order of precedence. A signed order form, master services agreement, or signed DPA controls over these Terms and the Privacy Policy if they conflict. Otherwise these Terms and the Privacy Policy govern.

By creating an account, clicking “I agree,” completing registration, or using the Service, you agree to these Terms and the Privacy Policy, and you represent that you have authority to bind yourself and, if you are signing up for a school or district, that institution. If you do not agree, do not use the Service.

The Service is for professional use in an Eligible Institution’s instructional or administrative work (including individual teacher plans).

1. Eligibility

The Service is offered only to (a) K–12 schools, school districts, and similar educational institutions, and accredited post-secondary institutions that we accept as customers (each an “Eligible Institution”), and (b) current employees or contractors of an Eligible Institution who are authorized by that institution to use the Service for that institution’s own instructional or administrative purposes (“Authorized Users”). “You,” “User,” or “Customer” means the Eligible Institution and its Authorized Users, as applicable.

Who may not use the Service. The following are not eligible and may not create accounts, access the Service, or use another person’s account:

• students, parents, and guardians (except through features we expressly enable, if any);
• any company, vendor, consultant, researcher, or other organization that is not itself the Eligible Institution Customer, including other edtech or AI providers;
• anyone accessing the Service on behalf of, for the benefit of, or to evaluate it for such a company or other third party;
• anyone we have previously suspended or banned, or who uses a false identity.

If your company wants a partnership, integration, evaluation, or research license, you need a separate written agreement with Frizzle first. Signing up with a teacher-looking email, a personal Google account, or a “pilot classroom” to test, scrape, benchmark, or copy the Service for another business is a violation.

By using the Service, you represent that: (i) you are of legal age to enter a binding contract; (ii) you are an Authorized User of a named Eligible Institution (or you are contracting for that institution); (iii) you are not accessing the Service for a commercial entity other than that Eligible Institution; (iv) the information you provide is accurate and you will keep it current; and (v) you are not barred from using the Service under U.S. or other applicable law. Schools are responsible for ensuring only Authorized Users use their tenancy.

We may require a school-email domain or other proof, and we may refuse or revoke access if we doubt eligibility.

2. Accounts and access

You may register with a school email or through a supported sign-in provider (such as Google). You must keep credentials, API keys, and tokens confidential. You are responsible for all activity under your account, including by anyone you allow to use it. Notify us immediately of unauthorized use.

You may not share login credentials with students, other companies, or unauthorized people, or use a personal or school account as a front for a company. Accounts are not transferable.

If you open an account for an Eligible Institution, you represent you are authorized to bind it. That institution’s administrators may access, export, restrict, or remove Authorized User accounts and Customer Data on the tenancy, and may terminate a user’s access.

We may maintain different account types (teacher, school admin, district). We may refuse registration, require re-verification, or close accounts that use untrue information.

3. License

If you are eligible, Frizzle grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service solely for that Eligible Institution’s internal instructional and administrative purposes. No license is granted to anyone who is not eligible. We reserve all rights not expressly granted.

You may not (except to the limited extent applicable law forbids these limits):

• sell, rent, sublicense, white-label, frame, or commercially exploit the Service;
• copy, scrape, crawl, or use bots or other automated means to extract data from the Service beyond ordinary interactive use;
• reverse engineer, decompile, or create derivative works of the Service;
• remove proprietary notices;
• exceed rate limits or impose unreasonable load;
• use the Service to build, train, benchmark, or improve a competing or commercial product.

We may change, throttle, or discontinue features, impose usage limits, or offer beta features. Beta features are experimental, may disappear without notice, and are provided with no warranty.

4. Customer Data; FERPA and COPPA

Student data and other content you upload (“Customer Data”) remain the property of the school or district. Frizzle processes Customer Data only on behalf of the school for educational and Service-operation purposes and does not claim ownership of Customer Data. Students do not interact directly with the Service; data is uploaded by teachers or school staff.

You grant Frizzle a limited license to host, process, transmit, and display Customer Data solely as needed to provide, secure, and improve the Service for you (including assessment, analytics, and support), consistent with our Privacy Policy and any DPA.

We do not use student work or other Customer Data to train our foundation models, and we contractually prohibit our model providers from using that data to train their models.

Frizzle acknowledges that Users may upload data protected by FERPA. We act as a “School Official” with a legitimate educational interest and process student information only under the school’s direction, as described in the Privacy Policy. We do not knowingly collect personal information directly from students or from children under 13. Schools are the consenting authority under FERPA and COPPA. We do not market to, profile, or sell the data of individuals referenced in the platform. School-specific signed DPAs are available on request; until one is signed, the Privacy Policy is the public DPA.

You represent you have the rights and school authorization to upload Customer Data, including assignment images.

On request after termination, or as required by a DPA, we will delete or return Customer Data from production systems within sixty (60) days (backup copies in the ordinary cycle, or longer if a legal hold applies), unless a signed DPA sets a different timeline.

5. AI features: Input, Output, and human review

The Service uses artificial intelligence, including third-party models (“AI Tools”), to analyze Customer Data you submit (images of student work, prompts, metadata, and similar “Input”) and to produce scores, flags, comments, analytics, and other results (“Output”).

You acknowledge:

• Output is a professional aid. It does not replace educator judgment. You must review Output before relying on it for instructional decisions, report cards, placement, discipline, or any high-stakes use. Frizzle does not make autonomous high-stakes decisions about students.
• Output may be inaccurate, incomplete, biased, or a “hallucination,” and may not be unique across customers.
• You will not represent Output as solely human-authored where that would mislead.
• You will not use Output, logs, or repeated queries to train, fine-tune, distill, or improve a machine-learning model or competing service.
• We may share Input with AI Tools solely to provide the Service. Those providers process Input under our contracts (including zero-retention terms we require). The Service may be unavailable if a provider suspends its tools.
• Do not include extra student identifiers, home addresses, or other unnecessary personal information in prompts or filenames. Assignment images for grading are expected; extra PII is not.

You assume the risk of your use of Output. We are not liable for instructional decisions you make from it.

6. Acceptable use; security and model abuse

You will use the Service only for its intended educational purposes. You will not, and will not attempt to, or assist anyone else to:

Prompt injection, extraction, and model abuse

• Override, ignore, extract, or reveal system prompts, hidden instructions, safety rules, grading rubrics, tool definitions, or other non-public configuration (“Prompt Extraction”).
• Inject, embed, or submit instructions, jailbreaks, or adversarial content (including in student work, worksheets, filenames, metadata, images, QR codes, or comments) intended to cause the Service to ignore its instructions, change its behavior, disclose hidden information, or perform unintended actions (“Prompt Injection”).
• Probe, fuzz, or red-team the Service without our prior written authorization.
• Extract, scrape, distill, or reconstruct our models, embeddings, weights, evaluation sets, or proprietary grading logic (“Model Extraction”).
• Circumvent safety filters, rate limits, authentication, or tenancy isolation.

Other prohibited conduct

• Access another user’s, school’s, or student’s data.
• Interfere with the Service (malware, flooding, denial of service).
• Misrepresent identity, school affiliation, employer, or authorization, including a fake or “tester” teacher account.
• Use the Service, or data or outputs from it, for or on behalf of another company (competitive intelligence, product development, benchmarking, sales demos) without our prior written consent.
• Violate law, infringe IP or privacy rights, or harm minors.
• Upload content you do not have the right to provide.

7. Monitoring and enforcement

We may monitor, log, review, and analyze use of the Service (including Input, images, Output, and metadata) to operate and secure the Service, enforce these Terms, detect Prompt Injection, Prompt Extraction, Model Extraction, fraud, ineligibility, and other abuse, and protect students, schools, and Frizzle. You have no expectation of privacy in that operational monitoring. We may share relevant information with the affected school, and with law enforcement or regulators where we believe we are legally required or there is a genuine safety or security risk.

We may, at our sole discretion, immediately and without prior notice:

• suspend, throttle, or terminate any account, API key, school tenancy, or access;
• delete or quarantine content;
• block IPs, devices, or integrations; and
• refuse future registration,

if we determine that you (or someone using your account) are not an Eligible Institution or Authorized User, are using the Service for another company, have violated Section 6, pose a security risk, are under investigation for abuse, or that continued access could harm the Service, other users, or student data.

We have no obligation to provide a warning, a cure period, or a post-termination explanation where doing so would, in our judgment, increase risk. Where reasonably practicable and not inconsistent with security, we will notify the school’s primary admin.

Suspension or termination for violation of these Terms does not entitle you to a refund, except where required by a written order form or applicable law. We are not liable for loss resulting from enforcement of this Section. A school remains responsible for its users. We may suspend one educator or the whole tenancy.

We may disclose account or content information to comply with law, enforce these Terms, respond to IP claims, or protect Frizzle, users, or the public.

8. Security; subprocessors; third parties

We implement administrative, technical, and physical safeguards appropriate to the Service, including encryption in transit and at rest. In a security incident involving personal information, we will notify affected schools within legally required timelines and as specified in any DPA.

Report vulnerabilities to support@frizzle.com with subject “Security.” Do not exploit them or disclose them publicly without notice.

Our current subprocessors are listed at frizzle.com/legal/subprocessors. Sign-in providers (for example Google) are governed by their own terms. The Service may link to third-party sites we do not control.

9. Fees; teacher plans and auto-renewal

9.1 Teacher consumer plans. Individual educator subscriptions (for example monthly or annual teacher plans) are paid through Stripe, Inc. By buying a plan you also agree to Stripe’s terms for the payment method you use. You authorize Frizzle (through Stripe) to charge the payment method on file for the plan you select, plus applicable taxes.

AUTOMATIC RENEWAL. Unless you cancel, your teacher plan renews automatically at the end of each billing period for another period of the same length, at the then-current price for that plan. We will charge the payment method on file on or about the renewal date. You can cancel at any time in account billing settings (the Stripe customer portal) or by emailing support@frizzle.com. Cancel before the renewal date to avoid the next charge. If you cancel, you keep paid features until the end of the period you already paid for. We do not prorate or refund the current period except where required by law.

For annual plans, we will send a renewal reminder to the email on the account a reasonable time before renewal (and as required by applicable auto-renewal law). Price changes apply on the next renewal and will be disclosed in advance.

You must keep payment information current. If a charge fails, we may retry, suspend paid features, or cancel the subscription. Chargebacks may result in suspension.

9.2 Institution plans. School and district purchases are billed as stated on the order form or invoice. They renew only if that document says so, not under the teacher-plan auto-renewal above.

9.3 Taxes; refunds. Fees exclude taxes unless stated. You are responsible for taxes we are required to collect. Fees are non-refundable except as required by law, an order form, or Section 9.1. No refund is due if we suspend or terminate for violation of these Terms.

10. Intellectual property; feedback; publicity

Frizzle and its licensors own the Service, including models, software, interfaces, documentation, trademarks, assessment logic, and all improvements. Output generated for you may be used by the Eligible Institution for its internal educational purposes; that does not transfer ownership of the Service or models.

Feedback you provide may be used by Frizzle without restriction or compensation.

You may not use Frizzle’s name or marks without permission. We will not use a school’s name or logo in marketing without the school’s permission (a signed order form may say otherwise).

11. Copyright notices

If you believe content on the Service infringes your copyright, send a DMCA notice to support@frizzle.com with the information required by 17 U.S.C. § 512(c)(3). We may terminate repeat infringers.

12. Termination by you; effect

You may stop using the Service at any time and request account closure via support@frizzle.com. Upon suspension or termination, the license ends (or pauses), and you must cease use. Sections that by nature should survive (including 4–7, 10, 13–18) survive.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRIZZLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service or Output will be uninterrupted, secure, error-free, or accurate, or that defects will be corrected. Third-party AI Tools and linked services are outside our control.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRIZZLE AND ITS DIRECTORS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, REPLACEMENT COSTS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

FRIZZLE’S TOTAL LIABILITY ARISING OUT OF THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO FRIZZLE FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AND (B) ONE HUNDRED DOLLARS. These limits do not apply to liability that cannot be limited under law. Some states do not allow certain limits; those limits apply only to the extent permitted.

15. Indemnity

You will defend and indemnify Frizzle and its officers, employees, and contractors against claims, damages, and reasonable legal fees arising out of (a) Customer Data or Input, (b) your use of Output, (c) your misuse of the Service, (d) your violation of these Terms (including Sections 1 and 6), or (e) your violation of law or third-party rights. We may assume exclusive defense of a claim; you will cooperate.

16. Confidentiality; injunctive relief

Non-public aspects of the Service (including system prompts, assessment logic, security details, and unpublished product plans) are Frizzle’s confidential information. You will not disclose them. Unauthorized use of the Service, Prompt Extraction, Model Extraction, or misuse of student data would cause irreparable harm. We may seek injunctive relief in any court without posting a bond, in addition to other remedies.

17. Modifications

We may update these Terms. We will post the new version and update the date. For material changes we will give reasonable notice (email to the primary admin or an in-product notice) where practicable. Changes are effective on the stated date (or thirty days after posting, if we do not state one), and immediately for new users. Continued use is acceptance. If you do not agree, stop using the Service.

18. General

Governing law. New York law, excluding conflict-of-law rules, except where a signed DPA or order form says otherwise or education-privacy law requires a different result. The UN CISG does not apply. Courts in New York, New York have exclusive jurisdiction, except that Frizzle may seek injunctive relief anywhere to protect the Service or student data.

No arbitration for Eligible Institutions. School and district customers litigate (or follow the dispute clause in their signed agreement). We do not require schools to arbitrate or to waive class relief as a condition of these public Terms. Individual Authorized Users bringing a personal claim (not on behalf of the institution) agree first to a 30-day informal resolution via support@frizzle.com.

Assignment. You may not assign these Terms. We may assign them (for example in a merger).

Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.

Export. You will not use the Service in violation of U.S. export or sanctions laws.

Electronic communications. You consent to receive operational notices by email or in-product message; they satisfy a “writing” requirement.

Severability; waiver; entire agreement. If a provision is unenforceable, the rest remains. A failure to enforce is not a waiver. These Terms, the Privacy Policy, any click-accepted addenda, and any signed order form or DPA are the entire agreement on this subject.

U.S. Government. If licensed to the U.S. Government, the Service is commercial computer software under FAR 12.212 / DFARS 227.7202, licensed only under these Terms.

No third-party beneficiaries. Except as stated, these Terms do not confer rights on others.

19. Contact

Questions: support@frizzle.com Security or abuse: security@frizzle.com (subject “Security” or “Abuse”)

Frizzle, Inc 169 Madison Ave STE 38417 New York, NY 10016 United States