Terms of Service

1. Acceptance of Terms

By accessing or using the TYay platform ("the Service"), operated by Kernion Cognitive Labs LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use the Service.

If you are accepting these Terms on behalf of an educational institution, school district, or other organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" refer to that organization.

2. Description of Service

TYay is an educational tool that helps science educators grade lab reports using AI-powered feedback. The Service integrates with Google Drive and Google Docs to:

• Distribute lab report templates to students
• Collect and process student submissions
• Generate automated feedback and grades using artificial intelligence
• Place anchored comments in Google Docs
• Create submission snapshots for academic integrity

3. Eligibility

The Service is intended for use by educators and their students in an educational setting. By using the Service, you represent that you are:

• An educator using the Service for legitimate educational purposes, or
• A student who is at least 13 years of age, or
• A student under 13 whose school or teacher has obtained the necessary parental consent or school authorization consistent with COPPA (see our Privacy Policy, Section 8), or
• An authorized representative of an educational institution

Teachers and educational institutions are responsible for ensuring that their use of the Service with students complies with applicable laws, including FERPA and COPPA.

4. Account Registration and Security

To use the Service, you must authenticate with a Google account. You are responsible for:

• Maintaining the security of your Google account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account at tyaysupport@kernioncognitivelabs.com

We are not liable for any loss or damage arising from your failure to maintain the security of your account.

5. Subscription Plans and Payment

5.1 Plans and Pricing

The Service is offered under various subscription tiers (Free, Part-Time, Full-Time, and Power User), each with defined usage limits. Current pricing and plan details are available on our website. We reserve the right to modify pricing with 30 days' prior notice to existing subscribers.

5.2 Payment Processing

All payments are processed securely through Stripe, Inc. By subscribing to a paid plan, you agree to Stripe's terms of service. You authorize us to charge your selected payment method on a recurring basis according to your chosen billing cycle (monthly or annual).

5.3 Cancellation and Refunds

You may cancel your subscription at any time. Upon cancellation, you will retain access to your paid plan features through the end of your current billing period. We do not provide prorated refunds for partial billing periods. Refill pack purchases are non-refundable once units have been consumed.

6. Acceptable Use

You agree to use the Service only for lawful educational purposes. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Infringe on intellectual property rights of others
• Upload malicious code or attempt to compromise the Service or its infrastructure
• Attempt to gain unauthorized access to other users' data or accounts
• Use the Service to harass, abuse, or harm others
• Resell, redistribute, or sublicense the Service without our written permission
• Use automated tools (bots, scrapers) to access the Service except through our documented APIs
• Circumvent usage limits, rate limiting, or access controls
• Use the Service for any purpose other than educational grading and feedback

We reserve the right to suspend or terminate accounts that violate these acceptable use provisions, with or without prior notice depending on the severity of the violation.

7. Intellectual Property

7.1 Your Content

You retain all rights to the content you submit through the Service, including lab reports, templates, rubrics, and any other educational materials. By using the Service, you grant us a limited, non-exclusive, non-transferable license to process this content solely for the purpose of providing the Service (grading, generating feedback, creating snapshots, and placing comments). This license terminates when you delete your account.

7.2 Student Content

Students retain ownership of their lab reports and submissions. Teachers acknowledge that student content is submitted for educational grading purposes and agree not to use student content for any purpose unrelated to the educational relationship.

7.3 Our Service

The Service, including its software, design, documentation, AI models (as configured and prompted by us), rubric templates, and all associated intellectual property, is owned by Kernion Cognitive Labs LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, reverse engineer, or create derivative works of the Service without our express written permission.

7.4 AI-Generated Content

Feedback and grades generated by the Service are produced using third-party AI models. We do not claim ownership of AI-generated feedback provided to you through the Service. You may use AI-generated feedback for its intended educational purpose.

8. Google API Services

Our Service uses Google API Services. By using our Service, you also agree to be bound by:

• Google Terms of Service
• Google Privacy Policy
• Google API Services User Data Policy

Our use of Google API data is limited to providing the Service as described in our Privacy Policy and complies with Google's Limited Use requirements.

9. AI-Generated Content

The Service uses artificial intelligence provided by third-party providers (currently OpenAI, Anthropic, and Google Gemini) to generate feedback and grades. You acknowledge and agree that:

• AI-generated feedback and grades are provided as a tool to assist educators and are not a substitute for professional educational judgment.
• Teachers are responsible for reviewing and verifying AI-generated grades and feedback before finalizing or releasing them to students.
• AI systems may produce errors, inconsistencies, or unexpected results. We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content.
• Final grading decisions and academic assessments remain the sole responsibility of the educator.
• Student lab report content is sent to third-party AI providers for processing. See our Privacy Policy for details on how this data is handled.

10. Teacher and Institutional Responsibilities

Teachers and educational institutions using the Service agree to the following:

• FERPA compliance: You are responsible for ensuring that your use of the Service complies with FERPA and any applicable institutional policies regarding student data.
• Student enrollment: By enrolling students, you represent that you have the authority to do so and that you have obtained any required consents (including parental consent for students under 13 under COPPA).
• Grade review: You acknowledge that AI-generated grades are suggestions and that you bear responsibility for reviewing and approving all grades before they are released to students.
• Appropriate use: You will use the Service only for legitimate educational purposes and will not use student data obtained through the Service for any non-educational purpose.

Educational institutions that require a Data Processing Agreement (DPA) to formalize data handling obligations should contact us at tyaysupport@kernioncognitivelabs.com.

11. Data and Privacy

Our collection, use, and protection of personal information is governed by our Privacy Policy. By using the Service, you consent to such collection and use as described in the Privacy Policy. Key data practices include:

• Student lab report content is processed temporarily and not permanently stored on our servers.
• Document snapshots are stored in teacher-controlled Google Drive folders.
• Payment processing is handled by Stripe, Inc.
• AI processing is performed by third-party providers (OpenAI, Anthropic, Google Gemini) configured to not retain or train on user data.

12. Disclaimers and Limitation of Liability

12.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12.2 No Guarantee of Accuracy

WHILE WE STRIVE FOR ACCURACY, WE DO NOT GUARANTEE THAT AI-GENERATED GRADES AND FEEDBACK WILL BE ERROR-FREE, COMPLETE, OR APPROPRIATE IN ALL CASES. THE SERVICE IS A TOOL TO ASSIST EDUCATORS, NOT A REPLACEMENT FOR PROFESSIONAL EDUCATIONAL JUDGMENT.

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KERNION COGNITIVE LABS LLC AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM:

• Your use of or inability to use the Service
• Errors, inaccuracies, or omissions in AI-generated content
• Unauthorized access to or alteration of your data
• Any third-party conduct related to the Service
• Any other matter relating to the Service

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

13. Indemnification

You agree to indemnify, defend, and hold harmless Kernion Cognitive Labs LLC and its officers, directors, members, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service in violation of these Terms
• Your breach of any representation or warranty in these Terms
• Your violation of any applicable law or regulation, including FERPA and COPPA
• Your enrollment of students without proper authorization or consent
• Any claim by a third party arising from your use of the Service

This indemnification obligation survives termination of these Terms and your use of the Service.

14. Service Availability

We strive to provide continuous access to the Service, but we do not guarantee that the Service will be available at all times. We may suspend or discontinue the Service, or any part thereof, temporarily or permanently, with reasonable notice when practicable. We are not liable for any downtime, interruption, or discontinuation of the Service.

In the event of a planned discontinuation of the Service, we will provide at least 60 days' notice to active subscribers and ensure that teachers can export their data (grades, assignment records) before the Service is discontinued.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page.
• Notify registered users via email at least 15 days before material changes take effect.
• Post a prominent notice on the Service.

Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Service and may cancel your subscription.

16. Termination

16.1 Termination by You

You may discontinue use of the Service at any time. You may cancel your subscription and revoke our access to your Google account through your Google Account settings. You may also request deletion of your account and associated data by contacting us.

16.2 Termination by Us

We may suspend or terminate your access to the Service if you violate these Terms, engage in conduct that could harm other users or the Service, or for any other reason with 30 days' written notice. We may terminate immediately and without notice in cases of egregious violations (e.g., unauthorized data access, malicious activity, or illegal use).

16.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Your documents remain in your Google Drive. We will delete your account data in accordance with our Privacy Policy's retention schedule. Sections 7 (Intellectual Property), 12 (Disclaimers and Limitation of Liability), 13 (Indemnification), 17 (Dispute Resolution), and 18 (Governing Law) survive termination.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating formal proceedings, you agree to first contact us at tyaysupport@kernioncognitivelabs.com and attempt to resolve any dispute informally for at least 30 days.

17.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in the Commonwealth of Pennsylvania or, at your election, may be conducted remotely. The arbitrator's decision shall be final and binding.

17.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS.

17.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law principles. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction and venue of the state and federal courts located in the Commonwealth of Pennsylvania.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy and any Data Processing Agreement executed between the parties, constitute the entire agreement between you and Kernion Cognitive Labs LLC regarding the Service, and supersede all prior agreements, understandings, and communications, whether written or oral.

21. Contact Information

If you have any questions about these Terms, please contact us:

• Email: tyaysupport@kernioncognitivelabs.com
• Entity: Kernion Cognitive Labs LLC