Limitation of Liability · LessonSmith
This page sets out how responsibility is divided between you and us when you use LessonSmith. It forms part of the Terms of Use and gathers Sections 7, 11 and 11a of those Terms into one place, with the reasoning written out. Where the wording here and the wording in the Terms differ, the Terms govern.
1. The short version
This summary is written to be read, and the numbered sections below are what apply if the two ever come apart.
- LessonSmith writes drafts. You are the teacher, and the decision to put anything in front of learners is yours.
- We are responsible for running the Service with reasonable care, handling your data as the Privacy Policy says, and billing you correctly.
- We are not responsible for what an AI model writes, for output you did not read before using, or for whether a plan matches your curriculum.
- If we do owe you money, the amount is capped at whichever is higher: what you paid us in the 12 months before the problem, or KES 10,000.
- Some kinds of liability cannot lawfully be capped at all. Section 6 lists what we never exclude, and your local consumer law applies on top of everything here.
2. What we take responsibility for
- Running the Service with reasonable care and skill, keeping it available on the terms described in the Terms of Use, and fixing faults we are told about.
- Handling your content and your data as the Privacy Policy says. You own what you put in and what comes out, under Section 8 of the Terms.
- Charging the plan you bought at the price shown, and handling cancellations and refunds under the Refund & Cancellation Policy.
- Telling you about material changes to the Service or to these terms before they take effect, under Section 13 of the Terms.
Nothing below is meant to escape those four commitments.
3. What we do not accept liability for
3.1 What the AI writes
LessonSmith generates content with third-party AI models, currently OpenAI's GPT-4o-mini as primary and Google's Gemini Flash Lite as fallback. These models produce fluent text that can be wrong, out of date, incomplete, biased, or unsuitable for your class. That is how the technology behaves today, and it is not a fault we can engineer away. The Service is provided "as is" and "as available", without warranties of any kind to the fullest extent the law allows.
3.2 Output you used without reading it
Every plan and Scheme of Work arrives as a draft for you to check. Where a loss follows from output that went to learners, to a school, or to an education authority without being reviewed, that loss sits with you. Using LessonSmith does not move any part of your professional duty of care onto us.
3.3 Curriculum and inspection compliance
Selecting a curriculum in the Service tells the model what to aim at. It is not a certification that the result complies. We do not warrant that any output meets a national, regional, examination-board, or school curriculum, syllabus, standard, or inspection requirement. Check outputs against the official curriculum documents before you rely on them.
We are also independent of the examination boards and curriculum authorities whose names appear in the Service. Terms Section 9a covers this in full.
3.4 Interruptions, downtime, and lost access
We do not promise uninterrupted service. Maintenance, provider outages, connectivity failures, and suspension under Section 10 of the Terms can each leave you without access. Keep your own copies of anything you would be sorry to lose. LessonSmith is a working tool, not your school's system of record.
3.5 Services we do not run
Parts of the Service depend on other companies: Clerk for sign-in, Convex for the database, Polar for payments, Vercel for hosting, PostHog for analytics, Sentry for error monitoring, and the AI providers named in Section 3.1. The Privacy Policy lists what each one handles. Their own failures, outages, and terms are outside our control, and we are not liable for them.
3.6 Indirect and consequential loss
To the fullest extent the law allows, we are not liable for indirect, incidental, or consequential damages, or for loss of data, profits, or goodwill.
4. The cap on what we owe
Subject to Section 6, and to the fullest extent the law allows, our total liability for any claim is limited to the greater of (a) the amounts you paid us in the 12 months before the event that gave rise to the claim, and (b) KES 10,000.
The second limb matters if you are on the Free tier or paid us very little. It means the cap is never nil, so there is always a real, if modest, remedy.
The cap covers everything taken together: the Service, any output, these terms, and any policy that forms part of them. It applies however the claim is framed, whether in contract, in tort, or otherwise.
5. Claims brought by more than one person
The cap in Section 4 is a single cap, not one cap per person. Where several teachers, a school, or a group of accounts bring claims that come from the same event or from a connected series of events, the total we can be asked to pay is the single amount described in Section 4, and it is shared between them.
6. What we never exclude
Nothing on this page or in the Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any other liability that cannot lawfully be limited or excluded, including your rights under the consumer-protection and data-protection laws of the country you live in, which you cannot sign away.
If a court decides that a limit on this page goes further than the law permits, that limit is read down to what the law does permit, and the rest keeps working.
7. When you cover us
You will indemnify and hold harmless VoussoirAI, together with its officers, employees, and contractors, against any third-party claim, and against any resulting loss, damage, penalty, or reasonable legal cost, that arises from:
- content you entered into the Service, including learners' or any other third party's personal data entered in breach of Section 6 of the Terms and the Acceptable Use Policy;
- your use or misuse of the Service, or your use of any output, in a way the Terms do not permit;
- your breach of the Terms or of any policy that forms part of them; or
- your breach of applicable law, or of another person's rights, including intellectual property and privacy rights.
What this does not cover. It does not apply to the extent a claim results from our own breach of the Terms, our negligence, or our infringement of a third party's rights. It does not ask you to take on liability the law does not permit you to take on, and it does not displace mandatory consumer-protection or data-protection rights where you live.
How a covered claim is handled. Terms Section 11a sets out the full procedure: prompt written notice from us, your right to take over the defence using counsel we reasonably approve, participation by the other side at its own cost, and no settlement that admits fault or imposes an obligation on the other party without written consent.
8. Where you live
Consumer law in your country sits on top of everything above and wins where it conflicts.
- Kenya. The Consumer Protection Act 2012 gives you rights a contract cannot remove.
- EU and EEA. The Unfair Contract Terms Directive (93/13/EEC) and your national consumer law apply, including to terms that would create a significant imbalance against you.
- United Kingdom. The Consumer Rights Act 2015 applies, including the requirement that a digital service be supplied with reasonable care and skill.
Where a limit on this page cannot lawfully apply to you, it does not apply to you, and the remainder still does.
9. How this fits with our other terms
This page forms part of the Terms of Use and is read with them. If a sentence here and a sentence in the Terms cannot both be true, the Terms are what binds you and us, and we correct this page. The Terms are governed by the laws of Kenya, with disputes handled under Sections 14 and 15 of the Terms, without prejudice to mandatory consumer rights where you live.
10. Contact
VoussoirAI ("LessonSmith"), Nairobi, Kenya · legal@lessonsmith.ai · A postal address is available on request by emailing legal@lessonsmith.ai.