Summary

Welcome to DidactLabs! We know legal documents can be dense, so here is a summary of the most important points. This summary does not replace the full Terms, which you are still agreeing to.

  • This is a Binding Contract: By using our Service, you agree to these terms.
  • Service Reliability: The Service is actively maintained and supported for educational use. We strive for high availability and use commercially reasonable efforts to keep the Service online. We provide 48-hour advance notice for planned maintenance during academic periods.
  • Educator Responsibility: If you are an educator or school, you are responsible for getting consent for your students to use the Service and for their compliance with these Terms.
  • You Own Your Content: You and your students retain full ownership of the work you create.
  • Data Export Rights: You can export your content at any time and have 90 days after account closure to retrieve your data.
  • Our License to Your Content: You grant us a license to your content only to operate, secure, and improve the Service. We will not sell your data or use it for other purposes.
  • Confidentiality: We will treat your User Content and other non-public information you share with us as confidential and will not disclose it except in limited, necessary circumstances.
  • Governing Law: This agreement is governed by the laws of Belgium.

Table of Contents

  1. Introduction
  2. User Accounts and Responsibilities
  3. User Content and Intellectual Property
  4. Data Protection and Privacy
  5. Confidentiality
  6. Service Level Commitment
  7. Warranties and Disclaimers
  8. Limitation of Liability
  9. Indemnification
  10. Reporting Copyright Infringement
  11. Termination
  12. Governing Law and Jurisdiction
  13. General Terms
  14. Contact Us

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the websites, software, and services (collectively, the "Service") provided by DidactLabs BV, a Belgian private limited company with registered address at Tabakvest 87 / bus 4610, Antwerp 2000, Belgium, and company number 1026.185.467 ("DidactLabs", "we", "us", or "our").

DidactLabs provides a secure, transparent writing environment designed to help educators guide the responsible use of Artificial Intelligence (AI) in educational settings. Our platform is specifically designed to be used within educational institutions and complies with applicable education privacy laws.

These Terms set the rules for how all visitors and users ("you", "your") may interact with our Service. By creating an account, accessing, or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

2. User Accounts and Responsibilities

To use the Service, you must be an educator, an authorized representative of an educational institution ("Institution"), or a student who has been invited by an educator or Institution.

By using the Service, you represent and warrant that:

  • You are of a legal age sufficient to agree to these Terms in your jurisdiction (or have proper authorization if under 18).
  • You have read, understood, and agree to be bound by these Terms.
  • By using the Service, you represent that you are an educator using the Service for professional educational purposes and that your use complies with your institution's policies.
  • You have all necessary rights and permissions for any content you upload or submit.

Age Requirements and Student Access:

  • Students under the age of 13 (or the relevant age of digital consent in your jurisdiction, which may be up to 16 in the European Union) may only use the Service through their educational institution with proper parental consent and institutional authorization.
  • Educators or Educational institutions are responsible for obtaining necessary parental consents and ensuring compliance with GDPR and other applicable laws in their jurisdiction.

Responsibilities for Educators and Institutions: If you are an educator or represent an Institution, you are solely responsible for:

  • Compliance with all applicable laws in your jurisdiction, including the EU's General Data Protection Regulation (GDPR) where applicable.
  • Obtaining all necessary consents from your Institution and from the parents or legal guardians of any student under the relevant age of digital consent before inviting them to use the Service.
  • Monitoring student use and ensuring compliance with these Terms.
  • Promptly reporting any suspected misuse or security concerns.
  • Safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

Acceptable Use Policy: You agree not to misuse the Service. You will not, and will not permit others to:

  • Use the Service for any unlawful purpose.
  • Submit content that is defamatory, obscene, hateful, or infringes on the rights of others.
  • Impersonate any person or entity or provide false information.
  • Upload or transmit any software viruses, worms, or other malicious computer code.
  • Attempt to reverse engineer, decompile, or otherwise discover the source code of the Service.
  • Use automated means (like scripts, robots, or scrapers) to access or collect data from the Service without our express permission.
  • Interfere with or disrupt the integrity or performance of the Service.

3. User Content and Intellectual Property

You retain full ownership of the content you or your students submit, upload, or display on the Service, including any text, documents, or other materials ("User Content").

To operate the Service, you grant DidactLabs a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, host, store, and process your User Content. This license is solely for the purpose of operating, providing, securing, and improving the Service. We will not use your User Content for any other purpose (such as selling it or training third-party or proprietary AI models) without your explicit permission.

If you provide us with suggestions, comments, or other feedback about the Service ("Feedback"), you acknowledge that it is voluntary. We may use Feedback for any purpose without obligation of any kind.

The Service and its original content, features, and functionality (excluding User Content) are and will remain the exclusive property of DidactLabs and its licensors, protected by copyright, trademark, and other laws. These Terms do not grant you any right, title, or interest in the Service or our trademarks, logos, and other brand features.

4. Data Protection and Privacy

Your privacy and the security of your students' data are foundational to our Service. By using the Service, you also agree to our Privacy Policy, which is incorporated by reference into these Terms and provides detailed information on how we handle Personal Information.

We commit to the following core principles:

  • You Own Your Content: As stated in Section 3, you and your students retain full ownership of the work you create.
  • Purpose Limitation: We will only use your User Content to operate, provide, secure, and improve the Service.
  • No AI Training on Your Data: We will never use your User Content or any student data to train or fine-tune any third-party or proprietary artificial intelligence models.
  • No Selling Data: We will never sell your Personal Information or User Content to third parties.
  • Data Security: We implement and maintain industry-standard technical and organizational security measures to protect your data, as detailed in our Privacy Policy.
  • Data Export: You have the right to export your User Content from the Service at any time during an active subscription.

For complete details on the types of data we collect, our legal bases for processing, your rights under GDPR, and our sub-processors, please review our full Privacy Policy.

5. Confidentiality

"Confidential Information" means all non-public information disclosed by you or your Institution to DidactLabs, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes your User Content and any business-sensitive information you share with us. However, Confidential Information does not include any information that (i) is or becomes publicly known through no fault of ours; (ii) was known to us prior to its disclosure by you without a confidentiality obligation; (iii) is received from a third party without breach of any confidentiality obligation; or (iv) was independently developed by us without use of your Confidential Information.

We agree to use reasonable care to protect your Confidential Information and to use it only for the purposes of providing the Service and fulfilling our obligations under this Agreement. We will not disclose your Confidential Information to any third party, except to our employees, contractors, and sub-processors who have a need to know such information for purposes of providing the Service and who are bound by confidentiality obligations at least as restrictive as those in these Terms. We may also disclose Confidential Information if required by law, provided we give you prompt notice of such requirement (to the extent legally permitted) to allow you to seek a protective order.

6. Service Level Commitment

We assure you that the Service will perform materially in accordance with the description of the DidactLabs Service and features, as set out on our website.

The service level commitments detailed in this Section 6 apply specifically to users with an active paid subscription ("Paid Plans"). For users on our Free plan, the Service is provided "as-is" and "as-available" without the specific uptime or support response time commitments detailed below. Support for the Free plan will be provided on a best-effort basis.

For all Paid Plans, we will use commercially reasonable efforts to make the Service available 24 hours a day, every day, except during planned downtime. We will provide you with advance notice when planned downtime is expected to be significant.

Scheduled maintenance will be performed during off-peak hours when possible and with advance notice. Emergency maintenance may occur without prior notice but will be communicated as soon as reasonably possible.

We provide technical support to educators and institutional administrators on a Paid Plan during business hours (CET) with the following target response times:

  • Critical issues affecting service availability: 3 hours during academic periods, 4 hours otherwise
  • Technical issues affecting assignments: 8 hours during academic periods, 24 hours otherwise
  • General technical issues: 12 hours during academic periods, 24 hours otherwise
  • General inquiries: 24 hours during academic periods, 48 hours otherwise

In the event of any breach by DidactLabs of its obligations in this Section 6, DidactLabs shall, at its expense: (i) use reasonable efforts to rectify such breach and, if rectification is not reasonably possible, (ii) replace all non-conforming parts of the Service or provide reasonable alternative solutions.

7. Warranties and Disclaimers

We warrant that the Service is designed and maintained to support compliance with major educational privacy regulations including GDPR, though ultimate compliance responsibility remains with the educational institution.

We warrant that we maintain industry-standard security measures appropriate for educational technology platforms.

DidactLabs disclaims any warranties other than those set forth in this Agreement. Furthermore, under no circumstances shall DidactLabs be liable for Third Party Applications or AI models, including the failure or output of such Third Party Applications or AI systems.

DidactLabs will not be liable for any failure to conform to these warranties if caused by the following:

  1. Hardware, software, or other components that are not part of the Service;
  2. Errors or problems caused or generated by hardware, software, or other components that are not provided by DidactLabs, including any modifications made by you or any third party;
  3. Errors or problems caused by your failure to comply with this Agreement;
  4. If you refused to implement any updates, changes, fixes, or similar measures that would have prevented the error or problem; and
  5. Errors or problems caused by third parties not acting on behalf of DidactLabs, including with respect to changes to the Service.

While we strive for accuracy, AI-generated content, by its very nature, may be factually inaccurate, biased, or incomplete. A core pedagogical goal of the Service is to teach students to think critically about and with AI. Therefore, you agree that it is your responsibility as an educator to guide your students, instruct them on the probabilistic nature of AI, and help them develop the skills to question, verify, and build upon AI-generated content. Accordingly, DidactLabs is not liable for the accuracy, appropriateness, or completeness of any content generated by the AI assistant, and you agree to hold us harmless from any claims arising from its use in your classroom.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIDACTLABS NOR ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE DIDACTLABS SERVICE, THIRD-PARTY APPLICATIONS, AI MODELS, OR THIRD-PARTY CONTENT, REGARDLESS OF LEGAL THEORY, REGARDLESS OF WHETHER DIDACTLABS HAS BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. DIDACTLABS' TOTAL LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNTS PAID BY YOU TO DIDACTLABS UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE LAST EVENT GIVING RISE TO THE LIABILITY.

NOTHING IN THIS AGREEMENT ELIMINATES OR LIMITS DIDACTLABS' LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE AND, IF REQUIRED BY APPLICABLE LAW, GROSS NEGLIGENCE OR VIOLATIONS OF APPLICABLE DATA PROTECTION LAWS.

9. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify DidactLabs and its officers, employees, and agents from and against any claims, losses, and expenses (including reasonable attorneys' fees) arising from (1) your breach of this Agreement, (2) any User Content you or your students submit, (3) your violation of any law or third-party rights, and (4) any unauthorized use of your account. We reserve the right to assume defense of any claim. You will provide reasonable cooperation if requested.

DidactLabs respects the intellectual property rights of others. If you believe that any content on our Service infringes your copyright, you may send us a notice requesting that the material be removed. The notice must be in writing and include the following information:

  1. A signature of the person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work you claim has been infringed.
  3. The location of the infringing material on our Service, with enough detail for us to find it.
  4. Your name, address, telephone number, and email address.
  5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Notices should be sent to our legal department at legal@didactlabs.com.

11. Termination

This Agreement will continue to apply while you use a free or paid DidactLabs account. DidactLabs may terminate this Agreement or suspend your access to the Service at any time, including in the event of actual or suspected unauthorized use of the Service, breach of this Agreement, or violation of applicable educational privacy laws. We will provide reasonable notice when possible, except for immediate termination due to security concerns or legal violations. You may terminate this Agreement at any time by closing your account through the Service interface or by contacting our support team at support@didactlabs.com.

We commit to providing notice before termination, except in cases of material breach or legal violations. Institutional accounts will receive at least 60 days' notice, ensuring service through the end of any active academic term. Individual educators on the Free or Teacher plan will receive at least 30 days' notice.

If either you or DidactLabs terminates this Agreement, or if DidactLabs suspends your access to the Service in accordance with this Agreement, you agree that DidactLabs will have no liability to you and that DidactLabs will not refund any amounts you have paid, to the fullest extent permitted by applicable law. However, for institutional subscriptions terminated by DidactLabs without cause, we will provide pro-rated refunds for unused subscription periods.

Upon termination of your account, it will enter a 60-day grace period. During this period, you will retain full access to export your User Content. After the 60-day grace period, your account and its associated User Content will be permanently deleted from our production systems. Backups containing your data will be deleted within an additional 30 days in accordance with our standard backup rotation schedule. For institutional accounts, student data will be handled in accordance with applicable educational privacy laws and institutional data retention policies.

You acknowledge and agree that the limited license granted to DidactLabs for Service operation will continue only for the duration necessary to complete data deletion and fulfill legal obligations, not perpetually. Sections of this Agreement that, either explicitly or by their nature, are intended to remain in effect even after termination shall survive termination, including but not limited to: Limitation of Liability, Indemnification, Intellectual Property provisions, and Governing Law.

12. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Leuven, Belgium to resolve any legal matter arising from these Terms.

13. General Terms

Entire Agreement: These Terms constitute the entire agreement between you and DidactLabs concerning the Service.

Assignment: You may not assign your rights under these Terms. DidactLabs may assign its rights to any affiliate, subsidiary, or successor in interest.

Severability & Waiver: If any provision of these Terms is held to be invalid, the remaining provisions will remain in effect. Any failure by us to enforce a right is not a waiver of that right.

Language: These Terms are written in English. Any translations are provided for convenience only, and the English version will prevail in case of conflict.

Notices: Any notices to you from us regarding the Service or these Terms may be posted on our website or sent via email.

Changes to the Terms: We reserve the right to change these Terms from time to time. Changes may be made, for example, to accommodate new products or services, to adapt to legal requirements, or to better align the Terms with our business. If there are material changes to these Terms, we will notify you by email to your registered email account, by posting notifications in the App or Service, or on our official Websites (as applicable). It is your responsibility to carefully read any such notifications. Your continued use of the Services after such changes will constitute acknowledgment and agreement to the modified Terms. If you do not wish to continue using the Service in accordance with the new version of the Terms, you may cancel your Service Plan or terminate the Agreement.

14. Contact Us

If you have any questions about these Terms, you can contact us via email or by post.

DidactLabs BV
Tabakvest 87 / bus 4610
Antwerp 2000
Belgium

Email: legal@didactlabs.com