Terms of Service

Effective Date: January 21, 2026
Last Updated: January 21, 2026

Welcome to Kriterix, operated by ReportCardComments.org ("we," "us," or "our"). We provide teachers and educators ("Educators") with AI-powered tools to generate professional report card comments through our website and services (collectively, the "Services"). Our Services are designed to save you time and support your work as an educator.

By creating an account or using our Services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

1. Eligibility and Account Creation

1.1 Age Requirement

You must be at least 18 years of age to create an account and use our Services. Our Services are designed for use by Educators and are not intended for direct use by children under 18.

1.2 Account Registration

To use certain features of our Services, you must create an account by providing:

Your full name
Email address
School or organization name (optional)
A secure password

You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

1.3 Account Security

Your account is for your personal use only. You may not:

Share your account credentials with others
Allow others to access your account
Create multiple accounts for fraudulent purposes

You are responsible for all activities that occur under your account. If you suspect unauthorized access, notify us immediately at support@reportcardcomments.org.

2. Your Rights to Use the Services

2.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or professional work as an Educator.

This license continues on a month-to-month basis until either you or we terminate this agreement.

2.2 Restrictions

You may not:

Use the Services for any purpose other than generating report card comments for educational purposes
Resell, redistribute, or sublicense access to the Services
Use automated systems (bots, scripts) to access the Services in a manner that places unreasonable load on our infrastructure
Reverse engineer, decompile, or attempt to extract the source code of our Services

3. Your Responsibilities When Using AI-Generated Content

Our AI tools are designed to assist Educators, not replace your professional judgment. You must review and revise all AI-generated content before use.

3.1 The 80-20 Rule

View AI-generated comments as a draft (roughly 80% complete) that you then refine with your professional expertise for the final 20%.

3.2 Verify Accuracy and Appropriateness

AI-generated content may occasionally:

Contain biases or inaccuracies
Be inappropriate for certain contexts
Lack nuance specific to your students

You are responsible for reviewing, editing, and ensuring the appropriateness of all output before sharing it with students, parents, or administrators.

3.3 Protect Student Privacy

Do NOT include personally identifiable information (PII) of students in your inputs, such as:

❌ Student full names
❌ Student ID numbers
❌ Addresses or contact information
❌ Social Security Numbers

You may violate FERPA, your school's policies, or applicable law by including such information, which may result in suspension or termination of your account.

Our Services are designed to generate comments based on generic descriptors (e.g., grade level, pronouns, strengths, weaknesses) without requiring student PII.

4. Prohibited Uses of the Services

You may not use the Services in any manner that:

Violates Laws or Regulations: Including FERPA, COPPA, or any applicable data protection laws.
Infringes Intellectual Property Rights: Of any third party, including copyrights, trademarks, or patents.
Is Harmful or Fraudulent: Including creating defamatory, threatening, harassing, obscene, or otherwise objectionable content.
Violates School Policies: Or other organizational policies applicable to your use of the Services.
Is Used for Commercial Purposes: Such as reselling generated comments or offering them as part of a competing service.
Jeopardizes Security: Such as attempting to breach our systems, crack passwords, or introduce malware.
Interferes with Our Services: Such as placing unreasonable load on our servers or disrupting other users' access.
Misrepresents Authorship: Such as claiming AI-generated content as entirely your own original work without review or revision.

Violation of these restrictions may result in immediate termination of your account without notice.

5. Data Privacy and Student Information

5.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Please review our Privacy Policy to understand:

What data we collect
How we use it
How long we retain it (maximum 30 days for student input data)
Your rights regarding your data

5.2 FERPA Compliance

We are committed to compliance with the Family Educational Rights and Privacy Act (FERPA) when used by Educational Institutions. We act as a "school official" under FERPA when processing student-related data on your behalf.

5.3 No Use of Student Data for AI Training

We do NOT use any student-related input data to train our AI models. Our AI providers are contractually prohibited from using your data for model training purposes.

5.4 Data Retention

Student input data (grade level, pronouns, strengths, weaknesses) is retained for a maximum of 30 days, then permanently deleted.
Free users' generated comments are not saved.
Pro users' generated comments are saved in their account history and can be deleted at any time.

6. Subscription Plans and Payment

6.1 Free Plan

Our Free Plan allows limited use of the Services, including:

50 free credits upon registration
Basic report card comment generation

6.2 Pro Plan and Lifetime Plan

Our paid plans (Pro and Lifetime) include additional features such as:

Increased credit allocations
Bulk CSV upload and batch processing
Saved comment history
Priority support

6.3 Payment Terms

All payments are processed securely through Stripe.
Subscription fees are billed monthly (Pro Monthly) or annually (Pro Yearly) in advance.
Lifetime Plan is a one-time payment for lifetime access.
All fees are in U.S. Dollars (USD).

6.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings.
Upon cancellation, you will retain access to paid features until the end of your current billing period.
Refunds are not provided for partial months or unused credits, except as required by law or in cases of billing errors.
Lifetime Plan purchases are non-refundable after 14 days from the purchase date.

6.5 Price Changes

We reserve the right to change our pricing at any time. If we increase the price of a subscription plan, we will notify you at least 30 days in advance, and the new price will apply to your next billing cycle.

7. Intellectual Property Rights

7.1 Our Ownership

The Services, including our website, software, AI models, logos, trademarks, and all related content, are owned by us and are protected by U.S. and international intellectual property laws.

You may not copy, modify, distribute, or create derivative works based on our Services without our prior written consent.

7.2 Your Content

You retain all ownership rights to:

The input data you provide (grade level, pronouns, strengths, weaknesses)
Any edits or modifications you make to AI-generated comments

7.3 License to Use Your Feedback

If you provide feedback, suggestions, or ideas about our Services ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Services without compensation or attribution to you.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not guarantee that:

The Services will be uninterrupted, secure, or error-free
AI-generated content will be accurate, appropriate, or free of errors
Our Services will meet your specific requirements

Given the nature of generative AI, you bear sole responsibility for reviewing and editing all AI-generated content before use.

WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF AI-GENERATED CONTENT.

Some jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

9.1 Indirect, Incidental, or Consequential Damages

Including but not limited to:

Lost profits, revenue, or data
Loss of goodwill or reputation
Costs of substitute services
Damages resulting from inaccurate or inappropriate AI-generated content

9.2 Cap on Total Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:

$100 (U.S. Dollars), OR
The total amount you paid to us in the 12 months preceding the claim

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

Some jurisdictions do not allow limitations on certain damages, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Kriterix, its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, or expenses (including reasonable attorney's fees) arising from:

Your violation of these Terms
Your use of the Services in a manner that violates applicable law
Your inclusion of student PII in violation of FERPA or other privacy laws
Any content you generate using the Services
Your violation of any third-party rights (including intellectual property or privacy rights)

We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you.

11. Termination

11.1 Termination by You

You may terminate your account at any time by:

Visiting your account settings and selecting "Delete Account," or
Emailing us at support@reportcardcomments.org

Upon termination, you will lose access to all saved comments and account data.

11.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

You violate these Terms (including prohibited uses)
We reasonably believe your account poses a security risk
You fail to pay subscription fees
We discontinue the Services (with 30 days' notice)

11.3 Effect of Termination

Upon termination:

Your right to access the Services will cease immediately
All saved comments and account data will be deleted within 30 days
You remain liable for any outstanding fees or obligations

Termination does not relieve you of obligations that, by their nature, should survive termination (e.g., indemnification, limitation of liability).

12. Changes to These Terms

We may update these Terms from time to time to reflect:

Changes to our Services
Legal or regulatory requirements
Improvements to our practices

12.1 Notice of Changes

When we make material changes, we will:

Update the "Last Updated" date at the top of this page
Notify you via email or a prominent notice on our website (for significant changes)

12.2 Your Acceptance

Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services and may terminate your account.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions, except where overridden by applicable federal law.

13.2 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.

YOU AND WE AGREE TO:

WAIVE THE RIGHT TO A JURY TRIAL
WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION

All claims will be heard on an individual basis only by a qualified arbitrator.

13.3 Arbitration Process

The arbitration will be conducted remotely based on written submissions, unless the arbitrator determines an oral hearing is necessary.
The arbitrator may award damages or relief only to the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The arbitrator may not award punitive or consequential damages.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm (e.g., intellectual property infringement).

13.5 Opt-Out of Arbitration

If you do not wish to be bound by the arbitration provision, you may opt out by sending written notice to support@reportcardcomments.org within 30 days of creating your account or accepting these Terms. Your opt-out notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

14. Miscellaneous Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Services and supersede all prior agreements or understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to any third party without restriction.

14.5 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, acts of war, government actions, or internet service failures.

14.6 Acknowledgment for Educational Institutions

If you are agreeing to these Terms on behalf of a school, school district, or other educational institution, we acknowledge that mandatory state or federal law may limit or supersede certain provisions, and we agree that such law will control over any conflicting provisions of these Terms.

15. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

Email: support@reportcardcomments.org
Website: https://reportcardcomments.org

We are committed to addressing your inquiries promptly.

Thank you for using Kriterix. By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.