Terms of Service & Privacy Policy

This document constitutes the Terms of Service ("Agreement") and Privacy Policy for HonTru LLC, governing the use of our web and mobile software services, including Mentor AI and School AI applications (collectively, the "Services"). These terms apply to all users, including individuals, educational institutions, educators, students, and other entities. By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree, you must not use the Services.

1. Introduction

This Agreement is a legally binding contract between you (an individual, educational institution, or other entity) and HonTru LLC, a company dedicated to fostering collaborative learning and mentorship. Our Services include Mentor AI and School AI, web and mobile applications designed to provide AI-driven tutoring, collaborative learning environments, and mentorship programs for educational and professional purposes. This Agreement governs your access to and use of the Services, including any updates, features, or content provided by HonTru LLC. If you represent an organization, such as a school or company, you warrant that you have the authority to bind that organization to these terms.

2. Acceptance of Terms

By accessing or using the Services, including Mentor AI, School AI, or any related platforms, you agree to be bound by this Agreement, including the Privacy Policy and, for educational users, the Student Data Privacy Addendum. Individuals must be at least 18 years old or have parental/guardian consent if under 18, as required by the Children’s Online Privacy Protection Act (COPPA) or other applicable laws. If acting on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree to these terms or lack authority, you must not use the Services. HonTru LLC may update this Agreement periodically, notifying users via our website (https://www.hontru.com/) or email. Continued use after updates constitutes acceptance of the revised terms.

3. Definitions

• Services: Web and mobile software provided by HonTru LLC, including Mentor AI, School AI, and related platforms like HonTru AIStudent for educational use.
• Content: All materials available through the Services, including text, images, videos, and AI-generated outputs.
• Data: Information provided by users to access or use the Services, including personal and educational data.
• User: Any individual or entity using the Services, including Educators, Students, and Educational Institutions.
• Educator: An individual at least 18 years old, employed by or affiliated with an Educational Institution, authorized to use the Services on its behalf.
• Student: An individual, typically under 18, enrolled in or associated with an Educational Institution, using Student-Facing Services.
• Educational Institution: A school, college, university, or other entity providing education to Students.
• Student Data: Personally identifiable information about a Student, such as names, email addresses, academic records, or usage data.
• Student-Facing Services: Services designed for Students, such as HonTru AIStudent, with enhanced privacy protections.

4. License Grant

HonTru LLC grants you a non-exclusive, non-transferable, non-sublicensable license to use the Services for your internal business operations or, for Educational Institutions, educational purposes, in accordance with this Agreement and any provided documentation. This license includes access to Content and features like AI tutors and collaborative rooms, subject to compliance with these terms. You may not modify, distribute, or create derivative works from the Services without prior written consent from HonTru LLC.

5. User Responsibilities

• Maintaining the security of your account credentials and notifying HonTru LLC of any unauthorized access.
• Providing accurate and lawful Data when using the Services.
• Not using the Services to violate others’ rights, engage in illegal activities, or transmit harmful content.
• Not attempting to reverse engineer, hack, or interfere with the Services’ functionality.
• For Educators, reviewing AI-generated Content for accuracy and appropriateness before sharing with Students.

Failure to comply may result in suspension or termination of your access.

6. Ownership

• Your Data: You retain ownership of Data you provide, granting HonTru LLC a worldwide, non-exclusive license to use, process, and store it solely to provide the Services, improve functionality, or comply with legal obligations.
• HonTru LLC Property: HonTru LLC owns all rights to the Services, Content, technology, and intellectual property, including AI algorithms and software.
• Feedback: Suggestions or feedback you provide become HonTru LLC’s property, and we may use them without compensation or attribution.
• Student Data: For Educational Institutions, Student Data is owned and controlled by the institution, as detailed in the Student Data Privacy Addendum.

7. Payment

For paid Services, you agree to pay fees as outlined on our pricing page. Fees are based on the number of administrators/mentors and include a 15% platform fee for payment processing via partners like Stripe. Billing occurs monthly, and fees are non-cancelable and nonrefundable. Late payments may result in account suspension or termination. HonTru LLC may adjust pricing with 30 days’ notice, and continued use constitutes acceptance of new rates.

8. Term and Termination

• Term: This Agreement begins upon your acceptance (e.g., accessing the Services) and continues until terminated by either party.
• Termination by You: You may terminate your account at any time via the Services or by contacting us at admin@hontru.com.
• Termination by HonTru LLC: We may suspend or terminate your access for material breaches (e.g., non-payment, violation of terms) or other reasons, with 30 days’ written notice unless immediate action is required.
• Post-Termination: Upon termination, you may access your Data for 90 days (read-only). Student Data will be handled per the Student Data Privacy Addendum. HonTru LLC is not liable for Data loss post-termination.

9. Warranty and Liability

The Services are provided “as is” without warranties, except as expressly stated. HonTru LLC does not guarantee uninterrupted access, error-free operation, or specific results. Our liability is limited to the fees you paid in the 12 months prior to a claim, excluding indirect, consequential, or punitive damages, except in cases of gross negligence or willful misconduct. For Educational Institutions, additional warranties regarding Student Data are provided in the Student Data Privacy Addendum.

10. Indemnity

• Your Indemnity: You agree to indemnify HonTru LLC, its affiliates, and employees against claims arising from your misuse of the Services, violation of this Agreement, or infringement of third-party rights.
• HonTru LLC Indemnity: We will indemnify you against claims that the Services infringe third-party intellectual property rights, provided you notify us promptly and cooperate in the defense. This does not apply to misuse or unauthorized modifications.

11. Confidentiality

Both parties agree to protect confidential information (e.g., business plans, user Data, Service details) and not disclose it to third parties without consent, except as required by law. For Student Data, additional protections are outlined in the Student Data Privacy Addendum. Confidential information excludes data that is publicly available, independently developed, or rightfully received from another source.

12. Additional Terms for Educational Institutions

These terms apply to Educational Institutions, Educators, and Students using the Services, particularly Student-Facing Services like HonTru AIStudent.

12.1 Definitions

See Section 3 for relevant definitions (e.g., Educator, Student, Student Data, Educational Institution, Student-Facing Services).

12.2 Services for Educational Institutions

The Services provide tools for Educators (e.g., AI tutors, collaborative platforms) and Students (e.g., personalized learning via HonTru AIStudent). These are designed to support educational goals, subject to this Agreement and the Student Data Privacy Addendum.

12.3 Student Data Privacy Addendum

This Addendum governs the collection, use, and protection of Student Data, ensuring compliance with the Family Educational Rights and Privacy Act (FERPA), COPPA, General Data Protection Regulation (GDPR) for EU users, and state laws like California’s Student Online Personal Information Protection Act (SOPIPA).

12.3.1 Data Collection

• Names, student IDs, or other identifiers.
• Academic records or performance metrics.
• Communications within the platform.
• Usage data to improve Services.

12.3.2 Data Ownership and Control

Student Data is owned and controlled by the Educational Institution. HonTru LLC acts as a “school official” under FERPA, processing data solely under the institution’s direction.

12.3.3 Use of Student Data

• Providing educational Services (e.g., personalized tutoring).
• Improving platform functionality.
• Complying with legal obligations. It is not used for targeted advertising, profiling, or non-educational purposes.

12.3.4 Data Sharing and Disclosure

• Authorized personnel within the Educational Institution (e.g., teachers).
• Trusted service providers under confidentiality agreements.
• As required by law or with institutional consent. In case of a merger or acquisition, HonTru LLC will notify the institution and provide an opt-out option before transferring Student Data.

12.3.5 Data Security

• AES-256 encryption for data at rest.
• Transport Layer Security (TLS) for data in transit.
• Role-based access controls and regular security audits. In case of a data breach, we will notify the Educational Institution within 72 hours, per web:2, and follow our Data Breach Response Checklist (web:0).

12.3.6 Data Retention and Deletion

Student Data is retained only as long as necessary to provide the Services or meet legal requirements. Upon termination or institutional request, we will delete or de-identify Student Data within 60 days, unless otherwise required by law.

12.3.7 Access Rights

Parents and eligible Students (18 or older) may access, correct, or delete Student Data by contacting the Educational Institution, which will coordinate with HonTru LLC. Requests will be processed within 45 days, or sooner if required by state law.

12.3.8 Compliance with Laws

HonTru LLC complies with FERPA, COPPA (relying on institutions for parental consent for students under 13), GDPR, and state laws. We participate in the iKeepSafe Safe Harbor program for additional oversight.

12.3.9 Indemnification

HonTru LLC will indemnify the Educational Institution against claims arising from our breach of this Addendum or failure to comply with privacy laws, covering reasonable legal fees and damages.

12.3.10 Warranty

We warrant compliance with all applicable privacy laws, including FERPA, COPPA, GDPR, and state regulations, in handling Student Data.

12.4 Responsibilities of Educators

• Review AI-generated Content for accuracy, appropriateness, and bias before sharing with Students.
• Safeguard Student Data, entering personally identifiable information only as permitted by a data privacy agreement.
• Comply with institutional policies and applicable laws.

12.5 Prohibited Uses

• Collect or process Student Data in violation of laws or policies.
• Share Student Data with unauthorized parties.
• Use the Services to harm or exploit Students.

12.6 Termination

Termination follows Section 8, with Student Data handled per this Addendum (e.g., deletion within 60 days).

13. Privacy Policy

This Privacy Policy governs the collection, use, and protection of personal information, with Student Data covered by the Student Data Privacy Addendum.

13.1 Information We Collect

• Personal information (e.g., names, email addresses) provided by users.
• Usage data (e.g., interactions with the Services) to improve functionality.
• For Educational Institutions, Student Data as defined in Section 3.
• Data accessed via Google Workspace APIs, such as user account information or calendar data, only with your explicit consent or authorization through OAuth.

13.2 Use of Information

• Provide and enhance the Services.
• Communicate with users (e.g., updates, support).
• Comply with legal obligations.
• For Google Workspace data, facilitate features like calendar integration or user authentication, as authorized by you. Student Data is used solely for educational purposes, per Section 12.3.3.

13.3 Sharing of Information

• Service providers under confidentiality agreements, including cloud hosting or analytics providers.
• As required by law or with user consent.
• For Educational Institutions, as permitted by the Student Data Privacy Addendum. We do not share Google Workspace data with third-party AI tools for any purpose, including AI/ML model training.

13.4 Data Security

• We use industry-standard security measures (e.g., AES-256 encryption, TLS, access controls) as detailed in our Security and Privacy Statement. Student Data security is further outlined in Section 12.3.5. Google Workspace data is protected with equivalent measures, ensuring compliance with Google’s API User Data Policy.

13.5 Use of Google Workspace Data for AI/ML Models

• No AI/ML Training: Google Workspace data (e.g., user account details, calendar data) is used solely to provide authorized Services (e.g., calendar integration, authentication) and is not used for AI/ML model development or training.
• No Third-Party AI Transfers: We do not transfer Google Workspace data to third-party AI tools or services for any purpose, including the development, improvement, or training of generalized or non-personalized AI/ML models. This ensures compliance with the Google Workspace API User Data Policy and Policy Protections for Generative AI.

13.6 Your Choices

• You may access, correct, or delete your personal information by contacting admin@hontru.com.
• For Student Data, contact your Educational Institution.
• For Google Workspace data, you can manage API access and revoke permissions through your Google account settings.

13.7 Changes to this Policy

• We may update this Privacy Policy, notifying users via our website or email. Continued use after updates constitutes acceptance.

14. Governing Law

This Agreement is governed by the laws of the State of Colorado, excluding conflict-of-law principles. Any disputes will be resolved in state or federal courts in Boulder, Colorado, and you consent to their jurisdiction.

15. Miscellaneous

• Entire Agreement: This Agreement, including referenced policies, is the complete agreement between you and HonTru LLC, superseding prior agreements.
• Severability: If any provision is unenforceable, the remaining provisions remain in effect.
• Assignment: You may not assign this Agreement without our consent. HonTru LLC may assign it in connection with a merger or acquisition.
• Force Majeure: Neither party is liable for delays due to events beyond their control (e.g., natural disasters).

16. Contact Us

For questions, contact: admin@hontru.com
For Student Data inquiries, parents and Students should contact their Educational Institution.