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Terms of Service

Last Updated: August 1, 2026

These Terms of Service contain the terms and conditions that govern Customer’s access and use of the Products (defined below) and constitute an agreement between the applicable Kami Contracting Party (defined below) (also referred to as “Kami”) and the individual, organization, agency, or entity (the “Customer”) who has entered into, agreed to, accepted, submitted, or otherwise assented to an order form, invoice, purchase order, subscription purchase, account creation, or other action to access or use a Product (each, an “Order Form”).

These Terms of Service, together with the terms and conditions of the applicable Order Form, Kami’s Acceptable Use Policy located at Acceptable use policy (“AUP”), the API Terms of Use located at API terms of use (“API Terms”), and the Data Processing Addendum (“DPA”), constitute the “Agreement.” By accessing or using a Product in any capacity, the individual doing so enters into this Agreement on behalf of themselves and any entity on whose behalf they access and use the Product.

Each of the following is a “Product,” the use of which is governed by this Agreement. The Product(s) to which Customer is receiving access and a license to use pursuant to this Agreement is identified in the corresponding Order Form.

  • Kami or Kami app

  • Book Creator

  • Kami Companion or Companion

  • Kami Coach

The Products are available for purchase by persons who are of an age that can enter into this Agreement as a contract. Customer represents and warrants that it is capable of entering into this Agreement.

This Agreement will be binding on Customer upon the earliest of: (a) Customer’s submission, payment, or acceptance of an Order Form (including any free trial), or (b) Customer’s installation, access, or use of a Product. In the event of any direct conflict between any terms or conditions of this Agreement, the conflict will be resolved in the following order of control and priority: the Order Form, the DPA, the AUP, the API Terms, and the Terms of Service. This Agreement contains a BINDING ARBITRATION AGREEMENT – please review the “Dispute Resolution” section carefully to understand your rights.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PRODUCT.

1.  Order Form and Pricing. The Product(s) to which Customer is receiving access and a license to use pursuant to this Agreement is identified in the corresponding Order Form. The scope of any license granted to Customer hereunder is limited to the Product, license model, and term indicated in the Order Form by and between Customer and Kami. The Order Form sets forth the pricing for the Product(s) (including the length of any free trial). The pricing and availability of the Product is subject to change; Kami may increase the fees for the Product(s) at any time, but for active Customers, Kami will only apply fee increases at the time of renewal and with prior notice (email sufficient). Errors will be corrected where discovered, and Kami reserves the right to revoke any stated offer and correct any errors, inaccuracies, or omissions including after an Order Form has been submitted and whether or not Customer’s payment card or other payment mechanism has been charged. For any upgrade or downgrade in plan level, the payment method that Customer provided will automatically be charged the new rate on Customer’s next billing cycle. Downgrading Customer’s plan may cause the loss of User Content, features, or capacity of Customer’s account; Kami is not liable or responsible for such loss.

2.  Payments. Customer will pay the fees for the Product(s) specified in the Order Form. Payment is due in advance at the time of purchase (unless the Order Form specifies otherwise) and is generally non-refundable. If Customer purchases a subscription, then the fees for any subsequent renewal periods will be due at the time of renewal (unless the Order Form specifies otherwise). Failure to abide by the payment terms set forth in the Order Form, or any failure to remit payment via the payment method associated with Customer’s account, may result in Kami, at Kami’s discretion, automatically terminating the Order Form and/or this Agreement. Any acceptance of partial payment, reduced payment, or late payment by Kami shall not constitute a waiver as to Kami’s right to recover full amounts due under the payment terms and Kami’s right to terminate this Agreement for non-payment.

3.  Consent to Charge Payment Method. In order to make a purchase, Customer will be asked to supply certain relevant information, such as Customer’s payment card number and expiration date and billing address. Customer represents and warrants that Customer has the right to use any payment card or other payment mechanism that Customer provides in connection with an Order Form and that Customer has all authority necessary to make such purchase using the payment card or payment mechanism that Customer provides. By providing such information, Customer grants Kami the right to disclose such information to third parties for the purposes of facilitating Customer’s purchase. Customer acknowledges and agrees that Kami is not responsible for how any third-party payment processor transmits, stores, uses or discloses Customer’s payment card or payment method information.

4.  Term.

1.  Subscription Term. Customer’s license to use the Product(s) is for the length of time specified in the Order Form (e.g., on a monthly or annual subscription basis). Unless the Order Form provides otherwise, subscriptions will automatically renew for subsequent periods of the same length as the initial term. Customer may elect to not renew the Order Form and/or this Agreement and cancel its account using the features or functionality available in the Customer’s online account, by contacting customer service an appropriate amount of time in advance of renewal, or using any other processes specified in the Order Form itself. In no event shall Customer be entitled to cancel or terminate an Order Form or this Agreement without cause during an active subscription period.

2.  Free Trial. If Customer initially signs up for a free trial, Customer’s ability to access the Product will cease upon the expiration of the free trial, unless Customer has provided Kami a valid payment method to continue use of the Product after the free trial. Charges following the free trial will occur automatically, unless Customer cancels the Order Form using the features or functionality available in Customer’s account, by contacting customer service an appropriate amount of time in advance of renewal, or using any other processes specified in the Order Form itself.

3.  Additional Mobile App Terms. Any subscriptions purchased for mobile applications via the Apple App Store or the Google Play Store must, for technical reasons, be terminated via the Apple App Store or the Google Play Store (as applicable). Termination must occur no later than 48 hours before the extension of the subscription. Instructions for canceling a subscription are available at Apple and Android .

5.  Termination. Kami may terminate an Order Form and/or this Agreement automatically and immediately in the event that Customer violates any provision of this Agreement or engages in any act or omission that poses a risk of harm or security to Kami, Kami’s business or assets, Kami’s customers, any property, or any individual. Kami also reserves the right to: (a) terminate or cancel this Agreement without cause, at any time, provided that, in such event, Customer will be entitled to request a refund for any prepaid fees that have not yet been earned by Kami; and (b) suspend any or all of a Product’s availability to Customer at any time if Kami suspects a violation of this Agreement or a threat to the safety, security, or integrity of the Product or Kami’s business. Upon termination or cancellation of an Order Form or this Agreement, Customer’s account, any Authorized User accounts, and the Products will become unusable.  Kami is under no further obligations to Customer or Customer’s Authorized Users upon termination of an Order Form and/or this Agreement; provided that, the terms and conditions herein that by their nature should survive termination (i.e., Indemnification and Limitation of Liability), will survive.

6.  Account Types. Customer is eligible to purchase a license to the Products solely as one of the following account types (note, not all types are available for all Products).

1.  School/District: A “School/District” user type means a school or district administrator purchasing a license to a Product for use by a school (i.e., multiple teachers and students) or school district (i.e., multiple schools and their teachers and students). As a School/District user type, Customer represents and warrants that Customer has permission and authorization from the applicable school(s) and/or district(s) to enter into the Order Form and that Customer is authorized to facilitate the access and use of a Product by students.

2.  Teacher: A “Teacher” user type means a teacher or school administrator who is authorized by the individual’s school and/or school district to purchase and use a Product. As a Teacher, Customer represents and warrants that Customer is a teacher or school administrator with permission and authorization from a school or district to subscribe to a Product and that Customer is authorized to facilitate the access and use of a Product by students.

3.  Parent/Legal Guardian: A “Parent/Legal Guardian” user type means an adult purchasing a license to a Product for use by a child under the age of 18. Verifiable consent from the child’s parent or legal guardian is required in order for any child to use a Product in connection with this user type. Customer is responsible for complying with all of Kami’s requests made in order to verify Customer’s consent for a child to use a Product. Children may not use any Products until Kami receives and processes this verifiable consent.

4.  Distributor: A “Distributor” user type means Customer is a legal entity, business, or organization purchasing a license (or a right) to make a Product available to Customer’s customers or end users for their use. Customer’s authorizations and permissions to use the Product and make it available to such customers or end users are limited to those specified in Customer’s Order Form and do not exceed any limitations or restrictions generally imposed by the terms and conditions of this Agreement. As a Distributor type, Customer will ensure that any customer or end user that accesses a Product under Customer’s rights to make the Product available is advised of the terms and conditions of this Agreement and is required to accept them.

5.  General Adult: A “General Adult” user type means Customer is a person over the age of 18 who wants to enjoy a Product for Customer’s own personal benefit. The license granted herein is limited to Customer’s sole personal use of the Product.

7.  Accounts. Customer must register and create an account in order to access and use the Products. Customer may need to provide certain registration details or other information on behalf of itself or other users to create an account. It is a condition of Customer’s access and use of the Products that all the information Customer provides to register with the Products is correct, current, and complete. Customer further agrees it will not in any way misrepresent Customer’s identity at any time when accessing or using a Product. Customer agrees that all information Customer provides to register with the Products is governed by Kami’s privacy notices posted within the Product, and Customer consents to all actions Kami takes with respect to Customer’s information consistent with such privacy notices. All users, regardless of whether they personally purchased a license for use of a Product, may be held individually liable for any violation of this Agreement.

8.  Authorized Users. Every individual person who accesses or uses a Product is considered a “User,” for the purposes of this Agreement. Depending on the level of permissions assigned to a User’s account, the User may not have access to or be able to view or use all of the functions or features of the Products. Customer may designate administrative Users (“Admin Users”), who can create additional User accounts for their students, faculty, or other individuals (each, and including Admin Users, “Authorized Users”) and assign certain permissions to such additional accounts, including permissions related to sharing, collaboration, and content creation. Customer is liable for all use of the Products by all Users under its account and the conduct of Customer’s Authorized Users shall be deemed Customer’s conduct for the purposes of this Agreement. Notwithstanding anything herein to the contrary, Kami reserves the right to disable or cancel any Customer or Authorized User account that has not been accessed in the previous 12-month period. If Customer is a School/District or Teacher user type, Customer agrees to, upon Kami’s request, promptly execute and deliver, or cause any third party, including a parent or legal guardian, to execute and deliver, any documentation, consents, or other information as Kami may deem necessary or appropriate to provide the Products to Customer and its end users.

9.  Account Security. Customer is responsible for maintaining the security and confidentiality of all usernames, passwords, and other login credentials used in connection with Products and Customer must immediately notify Kami if any usernames, passwords, or other login credentials are accessed by or disclosed to any unauthorized person. It is Customer’s responsibility to change any passwords immediately if Customer suspects or feels the security of any account Customer uses or manages has been compromised. Customer may not permit others to use Customer’s account, unless permitted by the terms of this Agreement, and Customer may not sell, trade, or otherwise transfer Customer’s account to another party. Kami has the right to disable any username, password, or other identifier, whether chosen by Customer or provided by Kami, at any time if, in Kami’s opinion, Customer has violated any provision of this Agreement or Kami suspects the security of any account has been compromised.

10.  User Content.  Certain Products allow Customer and Customer’s Authorized Users to upload, post, share, submit, annotate, edit, or otherwise contribute information, text, data, documents, photographs, audio, video, drawings, comments, and other content (collectively, “User Content”), including through invitations, shared forums, and collaborative workspaces. User Content includes, without limitation, any annotations, highlights, comments, drawings, text boxes, or other markups applied to documents or other materials using the Products. In uploading, posting, submitting, or sharing any User Content to any Product, Customer grants Kami, and Kami’s affiliates, licensors, and service providers, and each of their respective licensees, successors, and assigns (collectively, the “Kami Parties”) a non-exclusive, sublicensable, transferable, worldwide, royalty-free license to use, display, access, view, store, download, reproduce, adapt, translate, modify, and prepare derivative works of, publicly display, publicly perform User Content, and post or forward User Content to others, for the purpose of providing Customer the Products, exercising Kami’s rights or obligations under this Agreement, developing or improving the Products or Kami’s other products or services, or any other use described in Kami’s privacy notices. Customer also acknowledges and agrees that Kami does not control other users’ acts or User Content. Kami does not specifically collect any User Content and disclaims all warranties and liabilities for User Content. Kami is not responsible, and disclaims all liability, for any action taken by any third party with respect to Customer’s User Content that Customer has made public or otherwise available to third parties.

11.  User Content Representations and Warranties.Customer represents and warrants that Customer or Customer’s Authorized Users own or control all rights in and to the User Content and have the right to grant all licenses to User Content herein, and that all of Customer’s or Customer’s Authorized Users’ User Content does and will comply with all applicable laws, rules, and regulations, and the terms of this Agreement. Customer also represents and warrants that Customer has obtained all applicable consents and permissions needed to provide Kami with User Content, and that Customer has a lawful basis for providing User Content to Kami, in connection with Customer’s use of Products, including, without limitation, any personal information contained therein. Customer agrees to cooperate with Kami and take such action as reasonably requested by Kami with respect to any User Content. CUSTOMER SHALL NOT UPLOAD OR SUBMIT INFORMATION TO THE PRODUCTS THAT CUSTOMER DOES NOT HAVE PERMISSION OR THE RIGHT TO USE. THE UPLOAD OR SUBMISSION TO THE PRODUCTS OF ANY USER CONTENT THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THE INTELLECTUAL OR PROPRIETARY RIGHTS OF ANY THIRD PARTY IS A MATERIAL VIOLATION OF THE TERMS OF THIS AGREEMENT AND THE LIMITATIONS ON KAMI’S LIABILITY AND CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREIN APPLY TO ANY CLAIMS RELATED TO SUCH CONDUCT.

12.  User Content Standards.  The following standards apply to any and all User Content. Kami may, in its sole discretion, deny any application to post or share User Content. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations, and must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Contain any mature content without appropriate age-based restrictions.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person or misrepresent Customer’s identity or affiliation with any person or organization.

  • Contain any information about a third party under 18 years of age without parent or legal guardian permission (unless the Product and the applicable license model contemplate this kind of information processing).

13.  Specific Data Considerations.

1.  Technical and De-Identified Data. For the purposes of this Agreement, “User Content” does not include any de-identified statistical or technical data related to or derived from Customer’s, or Customer’s Authorized Users’, access or use of the Products. Such data may be used by Kami to manage and improve the performance of its services, for statistical analysis, and for research, commercial, and development purposes. If Kami creates or develops information, data, databases, or datasets that are derived from, or reference, User Content, but do not identify, and cannot be reasonably used to identify, any individual, entity, or organization (collectively, “De-identified Data”), then, as between Customer and Kami, Customer agrees Kami is the sole and exclusive owner of such De-identified Data and all derivative works thereof. Kami will ensure that De-identified Data is not capable of being re-identified and that all recipients of De-identified Data are bound by agreements prohibiting re-identification.

2.  Student Information. To the extent that Customer provides, or facilitates the provision, of any information relating to students, including Education Records as defined by the Family Educational and Privacy Rights Act (20 U.S.C. § 1232g; 34 CFR Part 99) (“FERPA”), to Kami, Customer represents and warrants that Customer: (a) has complied, and will comply, with all applicable laws, rules and regulations applicable to Customer and such information; (b) has obtained, and will obtain, all rights, consents (including prior consents), and permissions required to provide such information and Education Records to Kami; and (c) has provided, and will provide, all notices with respect to such information as required by applicable law. Customer will ensure that all information held by Kami pertaining to any students, including any Education Records, is accurate and only provide to Kami (including in the form of User Content) the information that is necessary for Kami to receive in order to further the institutional service or function for which Customer is using the Product and Customer’s educational purposes.

14.  Data Retention and Backups. Information regarding students, including information from Education Records, will be retained by Kami to the extent necessary to fulfill its obligations under this Agreement. In any event, Kami reserves the right to delete and destroy information from or related to Customer’s account, or Authorized Users’ accounts, including but not limited to User Content and information from or related to Education Records, six (6) months from the date of the earliest of the following to occur: (a) termination or expiration of this Agreement, or (b) cancelation of Customer’s or an Authorized User’s account. Notwithstanding the foregoing, Kami may retain copies of data related to Customer’s use of the Products, including User Content, to the extent Kami deems necessary to comply with applicable laws, resolve disputes, enforce its legal agreements or policies, or verify and validate any requests made by Customer. Customer is solely responsible for maintaining a backup or copy of the contents of Customer’s account, and Authorized Users’ accounts, including User Content and other information (including student information) provided, submitted, uploaded, or transmitted by Customer to Kami or the Products, or created by Customer or Authorized Users using the Products, regardless of where or how such content is accessed, stored, or published (including through any Publishing Platform as described below). Customer acknowledges and agrees that it is Customer’s, and, as applicable, the Teacher’s and/or the School/District’s, sole responsibility to maintain and retain any student information, including Education Records, pursuant to and in accordance with any laws, rules, regulations, policies, or obligations applicable to Customer and/or Customer’s School/District. Customer has no right to make any claim against Kami in connection with the deletion of any User Content, account information, student information or other data associated with Customer’s use of the Products.

15.  General License Grant. Subject to the terms and conditions of this Agreement,Kami grants to Customer and Customer’s Authorized Users, for the term of this Agreement, a limited, non-exclusive, non-transferable, non-assignable, and revocable license to access, view, and use the Products solely for Customer’s internal, non-commercial use, and in the case of a Teacher or School/District, in connection with and limited to Customer’s educational purposes related to Customer’s Authorized Users’ studies and work.

16.  Restrictions on Use. Customer may not do any of the following, nor may Customer permit any Authorized User or any third party, to do any of the following: (a) exceed the limited license rights granted in this Agreement including, without limitation, the sharing of passwords or other login credentials with those not given explicit rights to access and view Products under this Agreement; (b) remove any proprietary notices, labels, or marks from Products; (c) sell, transfer, lend, lease, license, or sublicense Products; (d) copy, distribute, modify, or otherwise create derivative works of Products (or any content therein), except as permitted herein; (e) display or perform Products outside of Customer’s authorized locations, or circumvent any digital rights management or copyright management protection associated with Products; (f) translate, reverse engineer, decompile or disassemble Products or the hardware, executable software, software source code, or any other technology used as a means for delivering the Products or securing Kami’s rights in the Products including without limitation any digital rights management or copyright protection; (g) use any manual or automated software, devices, scripts, robots, or other means to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in the Products; or (h) falsely state, impersonate, or otherwise misrepresent Customer’s identity. In addition, Customer agrees and is responsible for ensuring that neither Customer nor Customer’s Authorized Users will use any website, ftp site, media, or other methods or materials provided by Kami for Customer’s access and viewing of Products for any purpose beyond what is explicitly permitted by this Agreement. Customer also agrees and is responsible for ensuring that Customer and Customer’s Authorized Users only use the Products for lawful purposes and Customer represents and warrants that Customer or Customer’s Authorized Users will not use any Product in violation of any applicable law.

17.  Third-Party Integrations. The Products may integrate with or be accessible through third-party platforms, services, or learning management systems (collectively, “Third-Party Platforms”), such as Google Classroom, Canvas, Schoology, Microsoft Teams, or similar services. Customer’s use of any Third-Party Platform is subject to that platform’s own terms of service and privacy policies. Kami is not responsible for the availability, functionality, security, or content of any Third-Party Platform, and Kami makes no representations or warranties regarding any Third-Party Platform. Customer acknowledges that: (a) the functionality of the Products when accessed through a Third-Party Platform may differ from the functionality available when accessing the Products directly; (b) changes to a Third-Party Platform may affect the availability or functionality of the Products’ integration with such platform; (c) Customer is solely responsible for ensuring that Customer’s use of any Third-Party Platform in connection with the Products complies with all applicable laws and the terms governing such Third-Party Platform; and (d) any third-party application stores (such as the Apple App Store, Google Play Store, or browser extension marketplaces) through which Customer obtains Downloadable Software or accesses the Products are Third-Party Platforms subject to this Section.

18.  Downloadable Software and Extensions. Certain Products, or features thereof, may be made available as downloadable software applications, browser extensions, or other client-side software (collectively, “Downloadable Software”). Subject to Customer’s compliance with this Agreement, Kami grants Customer a limited, non-exclusive, non-transferable, revocable license to download, install, and use Downloadable Software solely on devices owned or controlled by Customer and solely in connection with Customer’s authorized use of the applicable Product. Kami may provide updates, upgrades, or patches to Downloadable Software from time to time, which may be installed automatically or require Customer action. Customer acknowledges that failure to install updates may affect the functionality of Downloadable Software.

19.  Content Downloads. The Products may allow Customer to download for print or digitally copy a reasonable portion of certain User Content, or other content of the Products, for personal, non-commercial use. Such download or copy is permissible only in accordance with any terms provided in connection with such content, the fair use doctrine under U.S. and international copyright laws, and the terms of this Agreement. Kami may withdraw its consent to download or copy any content at any time for any reason.

20.  Ownership. As between Customer and Kami, Kami and its licensors are the owners of all intellectual property rights in and to Products, including all artificial intelligence and machine learning models contained therein, and the results of any function or the performance of any component of the Products (including when processing User Content), and all templates, images, text, and other materials that are provided and available to Customer via the Products. Kami assumes no ownership of any User Content. The entire contents and design of the Products are protected by U.S. and international copyright law. Kami names, images, and logos and all related product and service names, design marks, and slogans, including KAMI and BOOKCREATOR, are the trademarks or service marks, or copyrights, of Kami. All rights reserved. Customer is not authorized to use any Kami name or mark in any advertisement, publicity, or in any other commercial manner without prior written consent of Kami. All other trademarks and images appearing in connection with the Products are the property of their respective owners. The Products may incorporate open source software, fonts, or other content licensed from third parties; applicable license terms and attributions are available at the links provided in the Kami website or Products. The license granted under this Agreement is not a sale of Products or any copy of Products and does not grant Customer any ownership rights to or in any copies of Products. Ownership of Products and copies thereof, and all intellectual property rights therein, will at all times remain with Kami (or its licensors, as applicable), regardless of who may be deemed the owner of the tangible media in or on which Products may be copied, encoded, or otherwise fixed.

21.  Claims of Copyright Infringement. Kami takes claims of copyright infringement seriously. Kami will respond to notices of alleged copyright infringement that comply with applicable law. If Customer believes any materials accessible on or from the Products infringe Customer’s copyright, Customer may request removal of those materials in accordance with Kami’s Copyright Policy located here, the terms of which are hereby incorporated by reference.

22.  AI Features. Kami, in its discretion, may use artificial intelligence or machine learning systems to make the Products, or features or content thereof, available to Customer (“AI Features”). AI Features may include, without limitation, AI-powered chatbots, automated assistants, intelligent tutoring, reading assistance, automated feedback, content generation, and other machine learning technologies. When Customer (or any Authorized User) interacts with AI Features, Customer is communicating with an automated computer system, not a human. Kami provides this notice to ensure transparency regarding the nature of these interactions. The outputs of AI Features do not originate with and are not produced by a natural person and are not reviewed by a natural person prior to disclosure to Customer. Customer is responsible for ensuring that use of AI Features by any Authorized User of any age complies with all applicable laws and regulations, including those governing the use of AI in educational settings and with children. Customer should inform students and, where appropriate, parents or guardians, that certain features of the Products are AI-powered and explain the limitations of AI-generated content. In addition, Admin Users may have the ability to enable or disable AI Features for their entire school, and if no selection is made, individual Authorized Users may opt in to these services, acknowledging their agreement to these terms. When AI Features are disabled by Admin Users, no data will be submitted to any large language models, and Authorized Users will not be able to enable AI Features, though certain platform features may have reduced functionality as a result. Customer acknowledges and understands that: (a) AI Features generate responses using automated algorithms and machine learning models, which may produce content that is inaccurate, incomplete, outdated, or inappropriate; (b) AI Features do not have the ability to understand context, exercise judgment, or provide advice in the same manner as a qualified human professional; (c) AI-generated content should not be relied upon as a substitute for professional advice, including educational, medical, legal, or mental health guidance; and (d) Customer is responsible for independently verifying any information or recommendations provided by AI Features before acting upon them. Customer retains full ownership of any content Customer creates with AI assistance, though Customer is accountable for the responsible use and potential modification of generated content. Kami does not represent or warrant that AI Features will meet Customer’s specific requirements, operate without interruption or error, or produce results that are accurate, reliable, or fit for any particular purpose. To the fullest extent permitted by applicable law, Kami disclaims all liability for any decisions made or actions taken by Customer or any third party in reliance on content generated by AI Features. SUCH COMPONENTS AND FEATURES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR MERCHANTABILITY. Kami reserves the right to modify, enhance, temporarily suspend, or permanently remove AI Features without prior notice. Kami will endeavor to notify Customer of significant changes where feasible.

23.  Minor Safety and Customer Responsibility. Customer acknowledges and agrees that it is solely responsible for ensuring that any individual under the age of 18 (“Minor”) who accesses or uses the Products through Customer’s account does so appropriately and in compliance with all applicable laws, regulations, and school policies. Customer is responsible for monitoring and supervising Minor users to prevent any use of the Products that may result in harm to self or others, including but not limited to the generation, submission, or distribution of harmful, threatening, or inappropriate content. While Kami employs reasonable measures to ensure the safety and security of its Users and their information, Kami does not, by virtue of this Agreement, undertake any obligation to monitor, review, or police User Content or conduct for compliance with any school’s policies or for any Minor’s safety or welfare. Kami expressly disclaims any and all liability arising from or related to any content generated, submitted, or accessed by Minors through the Products, or any conduct of Minors in connection with the Products. Where Kami provides Customer with features that identify or flag potential adverse events, safety concerns, or other data points relating to Minor users (“Safety Notifications”), Customer acknowledges and agrees that: (a) Customer is solely responsible for reviewing, assessing, and taking appropriate action in response to any Safety Notifications; (b) Kami’s delivery of Safety Notifications is a courtesy only, and does not create any duty on the part of Kami to investigate, intervene, or take any action with respect to the underlying events or concerns; and (c) Customer shall maintain appropriate policies and procedures to respond to Safety Notifications in a timely manner consistent with applicable laws and institutional requirements. Kami will cooperate with Customer and law enforcement authorities as reasonably necessary and as required by applicable law to help secure the safety of persons and property. Such cooperation may include, without limitation, providing information or records in response to valid legal process.

24.  Collaboration and Sharing. Certain Products may allow Customer and Authorized Users to share, collaborate on, or publish User Content with other Users, classes, or third parties. Customer is solely responsible for: (a) configuring and monitoring the sharing and collaboration settings available within the Products; (b) ensuring that User Content is shared only with intended recipients; and (c) ensuring that all shared or published User Content complies with the User Content Standards and all applicable laws. Kami is not responsible for any User Content that is shared, published, or made accessible to unintended recipients due to Customer’s or Authorized Users’ configuration of sharing settings or other actions. Customer acknowledges that once User Content is shared with or made accessible to third parties, Kami may have limited or no ability to control further distribution or use of such content.

25.  Publishing User Content. Certain Products, including Book Creator, may allow Customer and Authorized Users to publish User Content, such as digital books, to Kami’s website or to third-party platforms, including Apple’s iBook Store or other ebook distribution services (collectively, “Publishing Platforms”). If Customer publishes User Content using a Product and such content is accessible via a link to Kami’s website, Kami will make such User Content available during the time that Customer maintains an active account with Kami. Kami reserves the right, after providing reasonable notice to Customer, to delete any User Content and information stored on Kami’s servers as otherwise stated herein. Customer’s backup obligations set forth in herein apply to all User Content, including content published to Publishing Platforms. If Customer publishes User Content using Apple’s iBook Store, Amazon Kindle Direct Publishing, or any other third-party Publishing Platform, Customer may be able to set a price for others to purchase such User Content. Publishing Platforms are Third-Party Platforms subject to the general terms set forth above. In addition, Customer acknowledges and agrees that: (a) Kami makes no representations or warranties regarding Customer’s ability to monetize User Content through any Publishing Platform; and (b) any revenue, royalties, or other payments arising from sales of User Content on Publishing Platforms are subject to the terms of such platforms, and Kami has no obligation to Customer with respect to such payments unless otherwise specified in an Order Form. Kami disclaims all liability for any claims, damages, or losses arising from User Content published by Customer, including any claims by third parties related to intellectual property infringement, defamation, or violation of privacy rights.

26.  Social Media Links and Functionality. Customer may have the option to share or post information or content from the Products to Customer’s personal or professional social media accounts (“Public Posts”). Customer makes any Public Posts at Customer’s own risk: third-party social media sites are governed by the terms and privacy policies of such applicable third parties. All Public Posts are at Customer’s discretion and controlled by Customer. Customer shall not and will not make any Public Post in any manner that violates the intellectual property, proprietary, or personal rights of any other person.

27.  Beta Features. From time to time, Kami may offer certain features, functionality, or services designated as “beta,” “preview,” “early access,” “experimental,” or similar terms (collectively, “Beta Features”). Beta Features are made available for testing and evaluation purposes only and are not intended for production use or reliance in connection with educational performance evaluations, grading, or other consequential decisions unless the applicable documentation expressly states otherwise. By accessing or using any Beta Features, Customer acknowledges and agrees that: (a) Beta Features are provided “AS IS” and “AS AVAILABLE” without warranty of any kind; (b) Beta Features may contain errors, bugs, or other defects and may not perform as intended; (c) Kami may modify, suspend, or discontinue any Beta Features at any time without prior notice and without liability to Customer; (d) Customer’s use of Beta Features is entirely at Customer’s own risk; and (e) Beta Features are subject to any additional terms of use or documentation provided in connection with such Beta Features. Any documentation, guides, tutorials, or other materials provided in connection with Beta Features (“Beta Documentation”) are for informational purposes only and are subject to change without notice. Customer should not rely on Beta Documentation as accurate, complete, or current unless it expressly indicates that it may be used for specific purposes such as educational performance evaluation. Kami makes no representations or warranties regarding the accuracy or completeness of any Beta Documentation. Notwithstanding any other provision of this Agreement, the indemnification, limitation of liability, and other protective provisions set forth herein shall apply to Beta Features; provided, however, that no indemnification obligation of Customer shall arise solely from Customer’s use of Beta Features in accordance with this Agreement and any applicable Beta Documentation. Kami shall have no liability whatsoever arising from or related to Customer’s use of, reliance on, or inability to use any Beta Features or Beta Documentation.

28.  Compliance with Content Standards. If Customer is a Teacher or School/District User, Customer acknowledges and agrees that, as between Customer and Kami, Customer is solely responsible for ensuring that Customer’s use of the Products is in compliance with any laws, regulations, rules, or standards that apply to Customer’s use of the Products in Customer’s classroom, school, or district, including those relating to content standards for educational materials (e.g., Tex. Edu. Code § 33.021 (2023) and § 1001.42, Fla. Stat. (2022)). Customer is solely responsible for any features or functionalities Customer enables and ensuring that such features and functionalities will not result in any impermissible materials or content being distributed to students. Customer represents and warrants that Customer has obtained all parental, guardian, or parental relation consents or permissions necessary for Customer to make the Products, in whole or part, available to students in Customer’s classroom, school, or district in compliance with applicable laws. Each School/District user will designate an authorized representative for making any requests for the removal, modification, or replacement of any content on the School/District’s behalf. Kami will only respond to requests made through such authorized representative. IF CUSTOMER IS AN EDUCATOR, PARENT/GUARDIAN, OR GENERAL ADULT, CUSTOMER MUST CONTACT CUSTOMER’S SCHOOL AND/OR DISTRICT TO REQUEST ANY REMOVAL, MODIFICATION, OR REPLACEMENT OF ANY CONTENT AND FOLLOW SUCH SCHOOL AND/OR DISTRICT’S PROCEDURES AND POLICIES ACCORDINGLY.

29.  Disclaimer of Warranties. THE PRODUCTS AND ALL METHODS AND MEDIA THROUGH OR ON WHICH THEY ARE PROVIDED, INCLUDING WITHOUT LIMITATION ANY HOSTING OR PROVISION OF PRODUCTS THROUGH THE INTERNET, ARE PROVIDED BY KAMI AND ACCEPTED BY CUSTOMER “AS IS,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY WHATSOEVER. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, COMPATIBILITY, SUITABILITY, TITLE, OR NONINFRINGEMENT, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY KAMI. KAMI DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WEBSITE, APPLICATION, OR SERVER THAT MAKES PRODUCTS AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KAMI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE PRODUCTS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. NOTWITHSTANDING ANY STATEMENTS OR DOCUMENTATION TO THE CONTRARY, KAMI DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE PRODUCTS ARE INOFFENSIVE, INEXPLICIT, OR AGE OR DEVELOPMENTALLY APPROPRIATE, OR COMPORT WITH ANY LIBRARY OR CONTENT STANDARD OR LAW. THE PRODUCTS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

30.  Limitation of Liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, KAMI AND ITS RELATED ENTITIES AND AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF OR INABILITY TO USE, ACCESS, OR VIEW PRODUCTS. CUSTOMER UNDERSTANDS AND AGREES THAT UNDER NO CIRCUMSTANCES WILL KAMI OR ITS RELATED ENTITIES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PRODUCTS, ANY UNAUTHORIZED ACCESS, ACQUISITION, USE OR DISCLOSURE OF DATA OR USER CONTENT, OR THE LOSS, DESTRUCTION, OR DELETION OF ANY DATA OR USER CONTENT, EVEN IF KAMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE LEGAL CAUSE OF ACTION ASSERTED. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN NO EVENT SHALL KAMI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND ALL ORDER FORMS HEREUNDER, UNDER ANY LEGAL OR EQUITABLE THEORY INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE GREATER OF: (A) THE AMOUNT PAID TO KAMI BY CUSTOMER IN THE TWELVE (12) MONTH(S) PRECEDING THE CLAIM, OR (B) US $100 (ONE HUNDRED U.S. DOLLARS).

31.  Indemnification. To the extent permitted by applicable law, Customer is legally responsible for Customer’s, and Customer’s Authorized Users’, access, use, and viewing of the Products. Customer is responsible for any conduct in violation of this Agreement, whether by Customer, Customer’s Authorized Users or any third party that gains access to the Products by or through Customer’s or Customer’s Authorized Users’ actions or inactions. Unless Customer is a publicly funded educational institution that is legally unable to indemnify Kami, to the extent permitted by applicable law, Customer agrees to indemnify, defend, and hold harmless Kami, its officers, directors, employees, successors, and assigns from and against any and all claims, losses, expenses, damages (including, but not limited to, direct, indirect, incidental, consequential, and exemplary damages), fines, liabilities, and costs (including reasonable attorneys’ fees, expert fees, and other litigation or investigation costs), whether for defense or prosecution of any of Kami’s, or Kami’s licensors’, intellectual property rights or other rights under this Agreement resulting from or arising out of Customer’s use of or inability to use Products (except to the extent due to the gross negligence or willful misconduct of Kami), any violation by Customer of this Agreement or applicable laws, and any User Content.

32.  Governing Law. If Customer is a publicly funded educational institution and the laws of the U.S. State in which Customer is situated require that the laws of that U.S. State apply to any contracts into which Customer enters, then this Agreement will be governed by the internal laws of the U.S. State in which Customer is situated, without regard to its “conflicts of laws” rules or principles, as identified in the Order Form. In all other cases, this Agreement shall be governed by the laws of the jurisdiction identified in the table below, depending on the location of Customer and the Kami Contracting Party, without regard to any “conflicts of laws” rules or principles of the jurisdiction identified.

33.  Dispute Resolution.

1.  Informal Resolution. Kami wants to address Customer’s concerns without needing a formal legal case. Before filing a claim against Kami, Customer agrees to try to resolve the dispute informally by contacting dispute-notice@kamiapp.com. Kami will try to resolve the dispute informally by contacting Customer via email. If a dispute is not resolved within fifteen (15) days of submission, Customer or Kami may bring a formal proceeding. As a reminder, “Kami,” for the purposes of this Agreement, means the appropriate Kami Contracting Party specified below.

2.  Agreement to Arbitrate. Any dispute, controversy, or claim arising out of or relating to this Agreement, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by binding arbitration, except as set forth below. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.

3.  Arbitration Rules and Procedures. The arbitration will be administered by JAMS. If Customer is located outside of the United States, the arbitration will be conducted in accordance with the JAMS International Arbitration Rules then in effect. If Customer is located in the United States, the arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect. The tribunal will consist of a sole arbitrator. The seat of the arbitration will be Boston, Massachusetts. The language to be used in the arbitral proceedings will be English. The parties may appear at any arbitration hearing remotely by video or telephone conference.

4.  Opt-Out of Agreement to Arbitrate. If Customer is an individual (not a business or other entity), Customer may opt out of this agreement to arbitrate by submitting a written opt-out notice to Kami at dispute-notice@kamiapp.com within thirty (30) days of first accepting this Agreement. The opt-out notice must include Customer’s name, address, email address, and a clear statement that Customer wishes to opt out of arbitration. This opt-out right is provided in accordance with California Civil Code Section 1670.5 and other applicable consumer protection laws. Opting out of arbitration will not affect any other terms of this Agreement.

5.  Exceptions to Arbitration. Notwithstanding the foregoing agreement to arbitrate: (a) Either party may assert claims, if they qualify, in small claims court in Boston, Massachusetts; (b) Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products, breach of confidentiality, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), without first engaging in arbitration or the informal dispute resolution process described above; and (c) Claims for invasion of privacy or other privacy-related claims, including claims arising under any applicable data protection or privacy law, brought by individual plaintiffs shall not be subject to arbitration and shall instead be resolved by litigation in accordance with the below.

6.  Privacy Claims. Any claim for invasion of privacy or other privacy-related claims, including claims arising under any applicable data protection, consumer privacy, or similar law, brought by an individual plaintiff, shall not be subject to arbitration and shall instead be resolved exclusively by litigation in the state or federal courts located in Boston, Massachusetts. The jury trial waiver and class action waiver set forth below apply to all such privacy claims.

7.  Class Action Waiver; Jury Trial Waiver. Customer agrees that any arbitration or litigation under this Agreement shall be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, Customer and Kami each waive any right to a jury trial and agree that such claim may only be brought in Customer’s or Kami’s individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

8.  Judicial Forum for Non-Arbitrable Disputes. In the event that the agreement to arbitrate is found not to apply to Customer or Customer’s claim, or for any claims that are excepted from arbitration under this Section, Customer and Kami agree that any judicial proceeding (other than small claims actions) will be brought exclusively in the state or federal courts located in Boston, Massachusetts. Customer and Kami consent to venue and personal jurisdiction in such courts.

34.  General Provisions.

1.  Export Control. Use of the Products is subject to export and re-export control laws and regulations and required authorizations. Customer warrants that Customer is not prohibited from receiving U.S. origin products, including services or software.

2.  Entire Agreement.The Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If Customer and Kami are parties to Terms of Service, an End User License Agreement, or other agreement related to the Products dated prior to the “Last Updated” date above, including any previous terms between Customer and any other legal entity that was the subject of a merger, reorganization, or acquisition with Kami (e.g., Tools for Schools Ltd.), Customer hereby agrees that Customer’s access and use of the Products after the “Last Updated” date above constitutes Customer’s acceptance of these Terms of Service and this Agreement in lieu of and superseding any prior terms and conditions related to Customer’s use of the Products. Further, the payment of fees described in an Order Form that incorporates these Terms of Service shall be deemed Customer’s acceptance and assent to these Terms of Service and this Agreement, replacing and superseding any prior agreements between the parties. Kami reserves the right to make any necessary changes, modifications, or updates to this Agreement at any time, which shall be effective as of the “Last Updated” date above.

3.  No Waiver.No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

4.  Severability.If any provision of this Agreement is found to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible, and the other provisions of this Agreement will remain in force.

5.  Force Majeure.Neither party will be liable for or considered to be in breach of or default under this Agreement on account of any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond the party’s reasonable control and that either party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, Kami will give prompt notice to Customer and will use commercially reasonable efforts to minimize the impact of the event. This clause in no way abrogates or limits the Disclaimer of Warranties, Limitation of Liability, and Indemnification provisions otherwise set forth in this Agreement and the representations and warranties made in this Agreement.

6.  Assignment; Third-Party Beneficiaries.Customer’s rights under this Agreement are not assignable or transferable (by operation of law or otherwise) without Kami’s prior written consent. Kami may assign this Agreement, in whole or in part, to any of its affiliates or in connection with any merger, acquisition, reorganization, sale of all or substantially all of its assets, or other corporate transaction, without Customer’s consent. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No third-party beneficiaries are intended or shall be construed as created by virtue of this Agreement, including without limitation, the parties agree that Customer’s students and faculty are not third-party beneficiaries to this Agreement; provided, however, that Kami’s affiliates are express third-party beneficiaries of this Agreement to the extent they are affected by Customer’s or Customer’s Authorized Users’ acts or omissions, including with respect to the limitations of liability, disclaimers, and indemnification provisions herein.

7.  Notices; Kami Contracting Party.For the purposes of messages and notices to Customer about the Products, Kami may send Customer an email to the email address associated with Customer’s account, or any other contact information part of the Order Form, in Kami’s discretion. Kami has no liability associated with or arising from Customer’s failure to maintain accurate contact information with Kami. Notices to Kami shall be delivered to the appropriate Kami Contracting Party at the contact information below. The applicable “Kami Contracting Party” who is party to this Agreement with Customer is based on the Customer’s country of incorporation or business. If Customer’s country of incorporation or business changes, then the Kami Contracting Party will automatically change without any further action required by either party.

Location of Customer Kami Contracting Party Address and Contact Information Governing Law
United States Notable, Inc., a Delaware corporation 8605 Santa Monica Blvd, PMB 57387, West Hollywood, CA 90069-4109 State of Delaware
Outside of the United States Tools for Schools Limited, a private limited company incorporated in England and Wales 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT England and Wales