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⚠️ EXCLUSIVE INSTITUTIONAL LICENSE: This Application is exclusively developed for and licensed to Lourdes School of Mandaluyong. By accepting these terms, you acknowledge that use is restricted to authorized personnel of that specific institution only. Unauthorized use, redistribution, reverse engineering, or commercial use is strictly prohibited.
1. Acceptance of Terms
By accessing and using LSM AI HUB ("System"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the System or any of its tools, including Learning Plan AI.
These terms constitute a binding agreement between:
- Lourdes School of Mandaluyong: An authorized educational institution to use this Application
- The Developer: An independent freelance software developer
- The User: Authorized personnel (teachers, administrators) of the School
Developer Status: The freelance developer is NOT an employee of the School, NOT an agent of the School, and has NO employment relationship with the School. The developer provides technical services under a separate Technology Services Agreement with the School.
2. Exclusive Institutional License
The School has acquired an exclusive, perpetual, non-transferable license to use this Application solely for authorized educational purposes. This license:
- Grants the School exclusive rights to deploy the Application on school infrastructure
- Permits only authorized school personnel to access and use the Application
- Prohibits redistribution, sublicensing, or sharing with external parties
- Prohibits commercial use, resale, or derivative product development
- Permits customization only with explicit written permission from the developer
- Is non-exclusive regarding the developer's right to use the codebase for professional portfolio purposes (without disclosing confidential client data)
3. Authorized Users
Only the following individuals may access the Application:
- Teachers and instructional staff with @lsm.edu.ph email addresses
- School administrators with @lsm.edu.ph email addresses
- Other school personnel explicitly authorized by the School administration
Each authorized user is responsible for:
- Maintaining the confidentiality of their login credentials
- Not sharing their account with other individuals
- Using the Application only for authorized educational purposes
- Complying with all applicable laws and school policies
- Protecting student data and maintaining FERPA compliance
🚫 Unauthorized Users: If the School permits student access, the School (not the developer) is responsible for obtaining appropriate parental consent, ensuring FERPA compliance, and managing student data protection. The developer provides tools; the School provides authorization and oversight.
4. Permitted & Prohibited Uses
✅ Permitted Uses:
- Creating lesson plans for classes taught at the School
- Storing and organizing lesson planning materials
- Using AI-assisted lesson planning features
- Exporting lesson plans for instructional use
- Sharing generated lesson content with students in accordance with school policy
❌ Prohibited Uses:
- Using the Application for schools or organizations other than the authorized institution
- Sublicensing, reselling, or sharing the Application with external parties
- Reverse engineering, decompiling, or attempting to access source code
- Creating derivative applications or competing products
- Extracting large volumes of data programmatically
- Using the Application for commercial purposes or profit
- Violating applicable laws or regulations
- Attempting to circumvent security measures
- Harassing other users or using the Application for harmful purposes
- Uploading malware or malicious code
5. Intellectual Property Rights
- Application Code: Owned by the developer, licensed exclusively to the School
- Lesson Plans You Create: Owned by the School and teachers who created them
- AI-Generated Content: Owned by the School; created through Google Gemini API per Google's terms
- School Branding/Content: Remains the exclusive property of the School
- Developer Portfolio Use: Developer may display the Application as completed project work in professional portfolio (without revealing school name, confidential data, or student information)
⚠️ Trademark Notice: "Learning Plan Companion" is the developer's trademark. The School is licensed to use this name as the official Application title but cannot register it as its own trademark.
6. Term & Termination
Initial Term:
The license is granted for an initial period as specified in the Technology Services Agreement with automatic renewal unless either party provides written notice of non-renewal.
Grounds for Immediate Termination:
The developer may immediately terminate this license if:
- The Application is used by unauthorized external organizations
- The Application is redistributed or sublicensed without permission
- Fees or service payments are not received as agreed
- The School violates confidentiality or intellectual property terms
- Malicious use or attempts to circumvent security are discovered
- The School breaches other material terms of this agreement
Upon Termination:
- All access credentials will be deactivated
- The School may export its lesson plans and data within 30 days
- Data retention follows the Privacy Policy
- The license to use the Application ceases immediately
7. Service Availability & Performance
What the Developer Provides:
- Secure, encrypted data storage
- Regular security updates and maintenance
- Technical support as defined in the Service Agreement
- Access to Google Gemini API for AI features (subject to API availability)
- Monthly uptime SLA of 99% (excluding scheduled maintenance)
What the Developer Does NOT Provide:
- Guarantee of uninterrupted service (maintenance windows occur monthly)
- Unlimited API usage or quota
- Customization or feature development beyond the Service Agreement scope
- 24/7 emergency support (standard business hours support provided)
- Guaranteed recovery of data deleted by users
Service Interruptions: The developer will provide notice of scheduled maintenance at least 48 hours in advance. Unplanned outages will be reported within 4 hours with status updates provided at least every 2 hours.
8. Limitation of Liability & Disclaimers
AS-IS Services:
The Application is provided "AS-IS" without warranties of any kind, express or implied. The developer makes no warranty that:
- The Application is error-free or uninterrupted
- The Application meets all institutional requirements
- Third-party services (Google, Firebase) will remain available
- Data will never be lost (though reasonable precautions are taken)
Limitation of Liability:
The developer's total liability under these terms shall not exceed the amount paid to the developer in the 12 months preceding the claim.
Under no circumstances shall the developer be liable for:
- Loss of lesson plans or data (even if developer was notified of potential loss risk)
- Indirect, incidental, consequential, or punitive damages
- Loss of business, reputation, or instructional time
- Third-party claims or legal actions
- Service interruptions due to third-party providers (Google, Amazon Web Services)
- Breaches caused by user negligence or failure to use secure passwords
- Unauthorized access resulting from leaked credentials
- Failure of users to comply with security best practices
⚠️ IMPORTANT: This is an AI-powered application. While AI-generated content is checked for accuracy, the developer does NOT warrant that all generated lesson plans are educationally sound, factually accurate, or appropriate for all student populations. Teachers are responsible for reviewing, editing, and validating all generated content before using it with students.
9. Data Breach Indemnification
- Developer Responsibility: Developer will notify the School within 72 hours of discovering a data breach caused by developer negligence or failure to implement agreed-upon security measures
- School Responsibility: School is responsible for user account security and will inform the developer immediately of suspected breaches due to user negligence
- Third-Party Breaches: Developer is not liable for breaches of third-party services (Google, Firebase, Amazon Web Services) beyond reasonable security practices
10. Indemnification by the School
The School agrees to indemnify and hold harmless the developer from any claims, damages, or losses arising from:
- User violations of these terms or applicable laws
- Content violations of FERPA, GDPR, CCPA, or school policies
- Misuse of the Application by unauthorized users
- School's failure to maintain credential security
- Legal disputes with students, parents, or regulatory agencies
- Inappropriate use of AI-generated content in instructional settings
11. Governing Law & Jurisdiction
- Governing Law: Republic of the Philippines
- Jurisdiction: Courts of Mandaluyong, Metro Manila (National Capital Region)
- Language: English (official language of agreement)
- Dispute Resolution: Good faith negotiation first; mediation if necessary; litigation as final resort
The parties agree that these Terms shall be interpreted according to Philippine laws, particularly the Civil Code of the Philippines and relevant IT/data protection regulations (Data Privacy Act of 2012 - RA 10173).
12. Modification of Terms
The developer reserves the right to modify these Terms with 30 days' written notice to the School. Continued use of the Application after the notice period constitutes acceptance of the modified terms. Material changes (regarding liability, fees, or data handling) require affirmative acceptance by authorized school administrators.
13. Severability
If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full effect.
14. Entire Agreement
These Terms of Service, combined with the Privacy Policy and any separate Technology Services Agreement, constitute the entire agreement between the parties and supersede all prior understandings regarding the Application.
15. Contact & Notices
All legal notices and disputes shall be directed to the School's IT Administrator or designated Data Protection Officer, who will coordinate with the developer through official school channels to ensure proper documentation.
For Technical Issues: Contact the School's IT support first. For contractual disputes or policy clarifications, the School may contact the developer through the designated business contact established in the Technology Services Agreement.
16. Acknowledgment
By logging into the Application, authorized users confirm that they:
- Have read and understand these Terms of Service
- Accept these terms on behalf of their institution
- Understand the limitations of liability and disclaimers
- Will use the Application only for authorized purposes
- Will protect the confidentiality of their login credentials
- Will comply with all applicable laws and institutional policies