Terms of Use · LessonSmith

DRAFT (not legal advice). This is a working draft to match the planned product. It is a template, not lawyer-drafted. Have a qualified lawyer review and finalize it before publication, especially the arbitration and class-action waiver (Section 14), which is enforced differently across jurisdictions. Read together with the Privacy Policy.

By creating an account or using LessonSmith ("the Service"), you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

LessonSmith generates lesson plans and Schemes of Work using AI. Features and limits depend on your subscription tier and may change over time.

2. Eligibility & accounts

• You must be 18+ (or the age of majority where you live) and able to form a binding contract.
• You are responsible for your account, your login credentials, and all activity under your account. Clerk handles authentication.
• Provide accurate information and keep it current.

3. Subscription tiers & limits

LessonSmith comes in three tiers. We enforce these limits, and we may adjust them with notice:

The Max tier also includes early access to new features. Usage limits reset on rolling windows: lesson plans on a rolling 30-day window, and SOW on a rolling term window. Do not attempt to circumvent limits, gating, or rate limits (Section 6).

4. Billing, renewals & payments

Polar is our merchant of record and processes every payment, using Stripe as the underlying card processor. Polar handles applicable global VAT and sales tax and can charge in supported currencies including Kenyan Shillings.

At checkout you choose one of two options:

• Auto-renewing subscription: Polar securely stores your card (we never do) and charges it each billing period. We send a renewal reminder before each charge, and you can cancel or turn off auto-renew at any time in the Polar customer portal.
• One-time purchase: access for a single period, with no card stored for future charges.

We resolve your effective plan on our servers, from your active Polar subscription or purchase. We never take it from a value your browser sends. We show you the price, the billing frequency, and the renewal terms before you check out. Price changes apply to future billing periods with reasonable notice. Prices may be exclusive of taxes; where Polar is merchant of record, applicable taxes are handled at checkout.

5. Cancellation & refunds

• You can cancel a card subscription at any time in a few clicks via the Polar customer portal; access continues until the end of the paid period and does not renew thereafter.
• A one-time purchase provides access for the single period you paid for and then expires; there is nothing to cancel.
• Full details, including any refund eligibility, are in our Refund & Cancellation Policy. Where you are a consumer, nothing in these Terms removes mandatory statutory rights you have under applicable law.

6. Acceptable use

You agree not to:

• share, resell, or provide access to your account to others beyond your tier;
• attempt to bypass authentication, tier gating, usage caps, or rate limits;
• reverse engineer, scrape, or overload the Service or its AI endpoints;
• enter unlawful content, or students' or third parties' personal data, into prompts;
• use outputs in any unlawful, harmful, or infringing manner.

Full rules are in our Acceptable Use Policy, which forms part of these Terms.

7. AI-generated content & disclaimer

• Outputs are generated by AI (OpenAI GPT-4o-mini primary, with Google Gemini Flash Lite fallback) and may be inaccurate, incomplete, or unsuitable. You are responsible for reviewing and verifying all content before use, including in any classroom.
• The Service is provided "as is" and "as available", without warranties of any kind to the maximum extent permitted by law. We do not warrant that outputs are accurate, error-free, or fit for a particular purpose.

8. Your content & ownership

• You retain ownership of the inputs you submit. As between you and us, you own the lesson plans and SOWs you generate and may use them for your teaching.
• You grant us a limited licence to process and store your content to operate the Service (see Privacy Policy).
• AI providers may have rights or terms regarding generated content; outputs may not be unique to you.
• You represent that your inputs do not infringe anyone's rights. If you believe content on the Service infringes your copyright, see our Copyright / DMCA Policy.

9. Intellectual property

The Service, including its software, design, branding, and the default "black & gold" theme and other themes, is owned by us or our licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service per your tier; no other rights are granted.

9a. Curriculum names & independence (no affiliation)

LessonSmith supports multiple national and international curricula. Names such as CBC/CBE, KICD, NERDC, CAPS, NaCCA, the National Curriculum (England), Common Core/NGSS, CBSE/NCERT, the Australian Curriculum/ACARA, International Baccalaureate (IB), and Cambridge International (CAIE) are used only to describe the curriculum your generated content is intended to align with. LessonSmith is an independent product and is not affiliated with, endorsed, sponsored by, or certified by any of these governments, ministries, examination boards, or curriculum authorities. All such names and marks belong to their respective owners. Generated plans are AI-drafted aids, not official curriculum documents; always verify against the official curriculum before classroom or examination use. (IB and Cambridge in particular restrict use of their marks; have counsel confirm permitted descriptive or nominative use before launch, per the International Launch Legal Checklist.)

10. Suspension & termination

We may suspend or terminate accounts that violate these Terms, abuse the Service, or create legal or security risk. You may stop using the Service at any time. On termination, your right to use the Service ends; certain provisions (Sections 7 to 9, 10a, 11, 11a, and 14 to 15) survive.

10a. Deleting your content & your account

The periods for which we retain data are set in Privacy Policy Section 7. Where that Section and this one differ, Section 7 governs.

• Deleting individual content: deleting a lesson plan, Scheme of Work, or chat history removes it from your library and from our live systems. Residual copies may persist in encrypted backups and operational logs for a limited period until they are purged on our routine backup cycle, and we delete or de-identify the related analytics data.
• Deleting your account: you can delete your account using the in-app controls described in Privacy Policy Section 9, or by emailing privacy@lessonsmith.ai from the address on your account. Deletion removes your account record and your saved content from our live systems, and the same backup cycle then applies. Deletion is not reversible, so export anything you want to keep before you start.
• If we terminate your account: where we suspend or terminate under Section 10, your content is deleted on the same basis once any investigation, legal hold, or dispute connected to the account has closed. We will give you a reasonable opportunity to export your content first, unless the law or the nature of the breach prevents it.
• What we keep after deletion, and why: payment and tax records, which we and Polar are required by law to retain; the record of your acceptance of these Terms and the Privacy Policy, which evidences the agreement between us; and security and abuse records needed to protect the Service and other users. We keep each only for as long as the obligation or purpose behind it lasts.

11. Limitation of liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded, including your non-waivable rights under the consumer-protection and data-protection laws of your country of residence.

Subject to the paragraph above, and to the maximum extent permitted by law, we are not liable for indirect, incidental, or consequential damages, or loss of data, profits, or goodwill. Our total liability for any claim is limited to the amounts you paid us in the 3 months before the event giving rise to the claim.

11a. Indemnification

You will indemnify and hold harmless Arc Intelligence, 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 students' or any other third party's personal data entered in breach of Section 6 and the Acceptable Use Policy;
• your use or misuse of the Service, or your use of any output, in a way these Terms do not permit;
• your breach of these 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. This section does not apply to the extent a claim results from our own breach of these Terms, our negligence, or our infringement of a third party's rights. It does not require you to assume any liability that the law does not permit you to assume, and it does not displace mandatory consumer-protection or data-protection rights in your country of residence.

How a covered claim is handled.

• Notice: we will notify you in writing promptly after we become aware of a claim we intend to bring under this section. Late notice reduces your obligation only to the extent the delay actually prejudiced the defence.
• Control of the defence: you may take over the defence of the claim, at your cost, using legal counsel we reasonably approve. If you do not take it over within a reasonable time of the notice, we may defend the claim ourselves and you remain liable for the reasonable cost of doing so.
• Participation: whichever of us is conducting the defence, the other may take part through its own counsel at its own cost, and each of us will give the other the information and assistance the defence reasonably needs.
• Settlement: neither of us will settle a claim in terms that admit fault by the other, impose a payment or obligation on the other, or restrict the other's rights, without that party's written consent. Consent will not be unreasonably withheld or delayed.

12. Accessibility

We aim to make the Service accessible. Our Accessibility Statement sets out where we stand and how to report a barrier.

13. Changes to the Service or Terms

We may modify the Service or these Terms. We will tell you about material changes in-app or by email, and update the "Effective date". Continued use after changes means you accept them.

14. Dispute resolution: informal resolution, arbitration & class-action waiver

Note: arbitration clauses and class-action waivers are valid and enforceable in some jurisdictions and limited or unenforceable in others (and against certain mandatory consumer rights). Confirm the wording, the arbitral body, and the seat with counsel before relying on this section.

• Informal first: before filing any claim, you agree to contact us at legal@lessonsmith.ai and try to resolve the dispute informally for at least 30 days.
• Binding arbitration: if we cannot resolve it, you and we agree that disputes arising out of or relating to the Service or these Terms will be resolved by final and binding arbitration under the rules of the Nairobi Centre for International Arbitration (NCIA), seated in Nairobi, Kenya, conducted in English, rather than in court, except that either party may bring an individual claim in small-claims court where eligible.
• Class-action waiver: to the extent permitted by law, claims may be brought only on an individual basis, and not as a plaintiff or class member in any class, collective, or representative proceeding.
• Mandatory rights preserved: nothing here removes non-waivable rights you have under the consumer or data-protection laws of your country of residence.
• Opt-out: you may reject this arbitration agreement by emailing legal@lessonsmith.ai within 30 days of first accepting these Terms; if you do, Section 15 (courts) governs your disputes.

15. Governing law & courts

These Terms are governed by the laws of Kenya. Subject to Section 14, any matters not subject to arbitration are subject to the courts of Nairobi, Kenya, without prejudice to any mandatory consumer rights in your country of residence.

16. Contact

Arc Intelligence ("LessonSmith"), Nairobi, Kenya · legal@lessonsmith.ai · A postal address is available on request by emailing legal@lessonsmith.ai.

Related policies

Privacy Policy · Cookie Policy · Refund & Cancellation Policy · Acceptable Use Policy · Copyright / DMCA Policy