CleverOwl Terms of Service

These Terms of Service (“Terms”) explain how you may use CleverOwl, including our website, web application, and any related services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy (together, the “Agreement”). If you do not agree to the Agreement, you may not use the Service.

• “CleverOwl,” “we,” “us,” and “our” mean CleverOwl, Inc.
• “You” and “your” mean the individual using the Service, and where you are acting on behalf of a school, district, or other organization, also that organization (an “Organization”).

This document is a starting point and does not replace advice from your own attorney.

1. Who May Use CleverOwl

1.1 General eligibility

CleverOwl is designed for people who are actively learning—students of all ages, parents, and lifelong learners.

You may use the Service only if:

• You are at least 18 years old and able to enter into a contract; or
• You are 13–17 years old and your parent or legal guardian has reviewed and accepted these Terms on your behalf; or
• Your account is created and managed by an Organization (such as a school or district) that has the authority to do so and has obtained any required permissions.

Children under 13 should only use CleverOwl through:

• A parent- or guardian-managed account; or
• An account created and managed by an Organization that has obtained all required consents and notices.

By using the Service, you promise that you meet these requirements and that your use will follow all applicable laws, rules, and your school or Organization’s policies.

1.2 Types of users

CleverOwl may be used by:

• Individual learners using it on their own.
• Parents or guardians who create or oversee accounts for their children.
• Organizations such as schools, districts, tutoring centers, or educational programs.

If you use CleverOwl on behalf of an Organization, you confirm that you have the authority to bind that Organization to these Terms and that “you” also refers to that Organization.

2. Accounts and Security

To use most features, you will need an account.

You agree to:

• Provide accurate and current information when creating your account.
• Keep your information up to date.
• Keep your login credentials secure and not share them with others.
• Tell us promptly if you suspect any unauthorized access to your account.

You are responsible for all activity that happens under your account, whether you performed it or not.

For Organization-managed accounts, the Organization may control account settings, permissions, and access. In those cases, the Organization may be able to view or manage your account data in line with its own policies and its agreement with us.

3. What CleverOwl Does

CleverOwl is an educational tool that helps people study more effectively. Among other things, the Service allows you to:

• Upload classroom-related materials (such as notes, handouts, slides, and assignments).
• Generate study aids using AI, including study guides, flashcards, quizzes, and explanations.
• View and track your study activity over time.

We may add, adjust, or remove features as the product evolves. Some features may be labeled as “beta,” “preview,” or similar—these may be less stable or may change more frequently.

We aim to provide a reliable service, but we do not promise that CleverOwl will be available at all times or free from errors, interruptions, or delays.

4. Academic Integrity and Proper Use

CleverOwl is meant to support learning, not to short-circuit it.

You agree that you will not use CleverOwl to:

• Cheat on exams, quizzes, homework, or other assessments.
• Circumvent your school or Organization’s rules on AI or outside assistance.
• Submit AI-generated work as entirely your own where this violates applicable policies.

You are responsible for understanding and following any academic integrity rules that apply to you. Educators and Organizations using CleverOwl are responsible for explaining to their students how AI tools may or may not be used in their courses.

5. Privacy and Student Information

Our Privacy Policy, available at https://cleverowl.app/privacy, describes how we collect, use, and share personal information, including information about students and minors. That policy is part of these Terms by reference.

In particular:

• We collect and use data to operate and improve the Service, personalize study experiences, and maintain security.
• Where the Service is used by or through an Organization, that Organization may act as the primary controller of student data, and we may act as a service provider / processor on its behalf.
• Organizations are responsible for obtaining any necessary permissions or consents (for example, from parents or guardians) before they allow students to use CleverOwl.

If CleverOwl has a separate written data protection or district agreement with an Organization, that agreement will govern our handling of student data for that Organization if there is any conflict with these Terms.

6. Your Content

6.1 What we mean by “User Content”

“User Content” means any content you or your Organization supply to the Service, including:

• Notes, handouts, slides, homework, assignments, questions, and answers.
• PDF files, images, text, and similar materials.
• Any other content or information you upload, type in, or transmit via the Service.

6.2 Your responsibilities

You are responsible for your User Content. By providing User Content, you confirm that:

• You have all necessary rights and permissions to use the content with CleverOwl.
• Your content and your use of the Service do not infringe any third-party rights (including copyright, privacy, and publicity rights) and do not violate any law or school/Organization policy.

You should keep your own backup copies of your User Content. We do not promise that we will store your content indefinitely, or that it will always be retrievable.

6.3 License you grant to CleverOwl

To run the Service, we need limited rights to handle your User Content.

You grant CleverOwl a worldwide, non-exclusive, royalty-free license to:

• Host, process, store, and display your User Content within the Service.
• Format, analyze, and transform your User Content as needed to generate study materials for you and, if applicable, other users in your Organization.
• Use your User Content in aggregated or de-identified form to understand product usage, improve quality, and maintain security.

We do not use your User Content to train general-purpose AI models.
We configure our AI providers so that your content is used only to provide the CleverOwl features you request and not to improve those providers’ models for other customers, except where we are required to do otherwise by law or you explicitly opt in to a different arrangement in the future.

If a separate written agreement with your Organization further limits how we may use User Content or student data, we will follow that agreement for the relevant accounts.

6.4 Copyright complaints

If you believe that content available through the Service infringes your copyright, you may send a notice to our designated contact described in Section 21.3. We may remove or disable access to any content that we reasonably believe may infringe someone’s rights or otherwise violate these Terms.

7. AI-Generated Content

7.1 What is “AI-Generated Content”?

“AI-Generated Content” means any content that CleverOwl produces using AI or other automated methods based on your inputs or User Content, such as:

• Summaries, study guides, explanations, or learning plans.
• Practice questions, quizzes, and flashcards.
• Suggestions, hints, or feedback.

7.2 How you may use AI-Generated Content

As long as you follow these Terms and any plan limits, CleverOwl grants you a personal, non-exclusive, non-transferable, revocable license to use AI-Generated Content for:

• Your own study and learning; or
• If you are an educator or Organization, internal instructional and classroom use.

You may not resell AI-Generated Content as a stand-alone product or use it to build a competing service without our prior written consent.

7.3 Accuracy and review

AI is powerful, but it is not perfect. AI-Generated Content may:

• Contain mistakes or omit important information.
• Use outdated or incomplete sources.
• Be a poor fit for your curriculum or context if you do not review it.

You should treat AI-Generated Content as a starting point that requires human review, especially in academic settings. CleverOwl does not guarantee that any AI-Generated Content is accurate, complete, or appropriate for a particular exam, course, or standard, and we do not promise any particular grade, score, or outcome.

8. Intellectual Property

8.1 Our rights in the Service

The Service itself—including its software, design, text, graphics, logos, and other content (excluding your User Content)—belongs to CleverOwl or to our licensors and is protected by intellectual property laws.

Except for the rights we expressly grant to you in these Terms, all rights, title, and interest in the Service remain with CleverOwl and our licensors.

You agree that you will not:

• Copy, modify, distribute, or create derivative works based on the Service, except as allowed by these Terms.
• Reverse engineer, decompile, or attempt to extract source code from the Service, except to the limited extent that applicable law expressly permits.
• Use CleverOwl’s name, logos, or other trademarks without our prior written permission.

8.2 Your rights in your content

You retain any ownership rights you have in your User Content. These Terms do not transfer ownership of your content to CleverOwl. The licenses you give us are limited to what we need to operate and improve the Service as described above.

9. Plans, Billing, and Refunds

9.1 Available plans

CleverOwl currently offers:

• A free tier with limited functionality; and
• Paid individual subscriptions with expanded features.

The specific features and limits for each plan will be described on our website or in the Service from time to time.

9.2 Billing and auto-renewal

Paid subscriptions are typically billed in advance on a monthly or annual basis, depending on the plan you select.

By starting a paid subscription, you authorize us and our payment processors to charge you the applicable fees, plus any taxes, using the payment method you provide.

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can manage or cancel your subscription in your account settings or as otherwise described in the Service.

9.3 Free tier and trials

We provide a free tier with limited features so you can try CleverOwl without entering payment details. We do not currently offer separate time-limited free trials of paid plans.

If we introduce trials later, we will describe any trial terms at the time of signup.

9.4 Refunds

As a general rule, subscription fees are non-refundable once a billing period has begun.

However, we may, in our sole discretion, choose to issue partial or full refunds, credits, or other adjustments in individual cases (for example, in the event of a verified billing error). Nothing in these Terms obligates us to issue a refund, except where required by law.

10. Acceptable Use

You agree to use CleverOwl in a thoughtful, lawful, education-focused way.

You must not:

• Use the Service for any illegal purpose or in violation of any law or regulation.
• Use the Service in a way that conflicts with your school or Organization’s technology or academic integrity policies.
• Harass, threaten, or abuse any person, or promote violence or discrimination.
• Upload content that is defamatory, obscene, sexually explicit, or otherwise inappropriate for an educational setting.
• Upload viruses, malicious code, or attempt to interfere with the normal operation or security of the Service.
• Attempt to gain unauthorized access to any systems, accounts, or data.
• Use bots, scrapers, or similar tools to access the Service in bulk or circumvent usage limits without our written permission.
• Misrepresent your identity or relationship to an Organization.

We may investigate and respond to suspected violations, which can include suspending or terminating accounts and, where appropriate, cooperating with law enforcement or an Organization.

11. Organizations and School Use

If you are an Organization using CleverOwl with students or staff:

• You are responsible for ensuring that your use of the Service complies with all applicable laws relating to student data, privacy, records, and technology use.
• You are responsible for obtaining any necessary consents from parents, guardians, or students before you provide us with personal information about students or permit them to use the Service.
• You may be asked to sign additional agreements (such as district terms or a data protection agreement). Those agreements may modify or supplement these Terms for your Organization.

If there is a conflict between these Terms and a separate written agreement between CleverOwl and an Organization, that separate agreement will generally control for the Organization’s use of the Service.

12. Third-Party Services

The Service may rely on or interact with third-party services—for example:

• Cloud hosting and storage providers.
• Payment and subscription management systems.
• Analytics, logging, and error-reporting tools.
• AI and document-processing providers.

These third parties may process your personal information as part of helping us deliver the Service, as described in our Privacy Policy.

The Service may also contain links to websites or services that CleverOwl does not control. We are not responsible for the content, policies, or practices of those third parties. Your use of third-party services is at your own risk, and you should review their terms and privacy policies.

13. Service Changes and Beta Features

We are continuously iterating on CleverOwl. We may:

• Introduce new features or change how existing features work.
• Temporarily or permanently remove features that are no longer supported.
• Offer certain features as beta, preview, or experimental features.

We may make these changes with or without notice, although we’ll try to avoid surprises for significant changes when reasonably possible.

Beta and experimental features are provided “as is,” may be less stable, and may change more frequently than other parts of the Service.

14. Data Retention and Export

We may retain certain information about you and your use of the Service for as long as needed to:

• Provide the Service to you or your Organization.
• Comply with legal obligations.
• Resolve disputes and enforce our agreements.
• Maintain security and business records.

As a general guideline, we may keep some data for up to three (3) years after your account is closed, unless a longer period is required by law or is reasonably necessary for our legitimate business needs. Some data may be retained in backup or archival systems for additional time.

Where we provide export or download tools, we encourage you to export any content you wish to keep before closing your account or ending your access to the Service.

15. Disclaimers

To the fullest extent allowed by law:

• The Service and all content (including AI-Generated Content) are provided “as is” and “as available”, without any warranties or guarantees of any kind.
• We disclaim all express, implied, and statutory warranties, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Without limiting the above, we do not promise that:

• The Service will be uninterrupted, secure, or error-free.
• Defects will be corrected.
• Any particular result, grade, or academic outcome will occur as a result of using CleverOwl.
• Any content obtained through the Service (including AI-Generated Content) will be accurate, complete, or suitable for your particular needs.

CleverOwl does not provide professional advice (such as legal, medical, or financial advice). Any information you obtain through the Service should be independently verified if you intend to rely on it for important decisions.

16. Limitation of Liability

To the maximum extent permitted by law:

• CleverOwl and its officers, directors, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or in connection with your use of the Service or these Terms.
• Our total aggregate liability for all claims arising out of or relating to the Service or these Terms will be limited to the total amount of subscription fees you paid to CleverOwl in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations or exclusions of liability. In those cases, our liability will be limited to the fullest extent permitted by the laws of that jurisdiction.

17. Indemnification

You agree to defend, indemnify, and hold harmless CleverOwl and its officers, directors, employees, agents, and affiliates from and against any claims, demands, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service.
• Your User Content.
• Your violation of these Terms or any applicable law.
• Your infringement or alleged infringement of any third-party right, including intellectual property, privacy, or publicity rights.

We may choose to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in that defense.

18. Suspension and Termination

We may suspend or terminate your access to all or part of the Service if:

• You materially or repeatedly violate these Terms or any other applicable policy.
• You fail to pay any fees when due for a paid plan.
• We reasonably believe your use of the Service poses a security or legal risk, or may cause harm to other users, us, or third parties.
• We decide to discontinue the Service.

You may stop using the Service at any time and, where available, cancel your subscription or close your account through the settings page.

If your account is terminated or suspended:

• Your right to access the Service ends immediately.
• We may delete or restrict access to your User Content and account data, subject to applicable law and any obligations we have to an Organization.
• Sections of these Terms that by their nature should continue to apply (such as ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

We encourage you to save any information you need before your access ends.

19. Changes to These Terms

We may update these Terms periodically to reflect changes in our Service, our business, or applicable law.

When we make material changes, we will update the “Last updated” date at the top of these Terms and may provide additional notice (for example, by sending an email or showing a notice in the Service), where required.

Unless otherwise stated, the updated Terms will take effect when they are posted. If you continue to use CleverOwl after the updated Terms become effective, you are accepting those changes. If you do not agree to the updated Terms, you must stop using the Service.

20. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or related to them or the Service are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules that would result in the laws of another jurisdiction applying.

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in New Jersey, and both you and CleverOwl consent to the personal jurisdiction of those courts.

Nothing in this section limits any rights you may have under mandatory consumer protection laws that apply in your country or state of residence.

21. Notices and Contact Information

21.1 How we will contact you

We primarily communicate with you electronically.

We may send you notices by:

• Email to the address associated with your account; and/or
• In-product notifications or messages.

You agree that electronic communications satisfy any legal requirements that such communications be in writing.

21.2 How to contact us

For general questions, account issues, or questions about these Terms, you may contact us at:

• Email: support@cleverowl.app

Email is currently our primary and official contact method. If we later add a physical mailing address for notices, we will list it on our website or update these Terms.

21.3 Copyright / DMCA notices

If you believe that material on the Service infringes your copyright, you may send a notice to:

• Email (copyright / DMCA): support@cleverowl.app
  Please include “DMCA” or “Copyright” in the subject line so we can route your request appropriately.

Your notice should include the information required by applicable law (for example, 17 U.S.C. § 512(c)(3) in the United States), such as:

• Identification of the copyrighted work you claim has been infringed.
• Identification of the material you claim is infringing and where it is located in the Service.
• Your contact information.
• A statement that you have a good-faith belief that the use is not authorized.
• A statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner or authorized to act on the owner’s behalf.
• Your physical or electronic signature.

We may later designate a specific DMCA agent and/or mailing address and will update our website or these Terms when that happens.

22. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy and any additional terms provided for specific features or Organization agreements, make up the entire agreement between you and CleverOwl regarding the Service.
• No waiver. If we do not enforce a particular provision of these Terms, it does not mean we are giving up the right to enforce it later.
• Severability. If any part of these Terms is found to be invalid or unenforceable, the rest of the Terms will remain in full force and effect.
• Assignment. You may not transfer or assign your rights or obligations under these Terms without our written consent. We may transfer or assign our rights and obligations under these Terms as part of a merger, acquisition, sale of assets, or similar transaction, or by operation of law.
• Force majeure. We are not responsible for any failure to perform caused by circumstances beyond our reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, internet or power outages, or failures of third-party services.