Terms and Conditions

Please read these TrekAI Terms and Conditions (the “Terms”) carefully because they are a legally binding agreement between you and Greater Atlanta Christian Schools, Inc., a Georgia non-profit corporation d/b/a Ethos (“ETHOS”).  These Terms apply to you and your child user’S use of the services and contain very important information about your rights and obligations.  These Terms also contain a dispute resolution provision below requiring the use of arbitration on an individual basis to resolve disputes rather than jury trials or class arbitrations.  By using the Services, you are automatically agreeing to (both on your own behalf and on behalf of your Child User) and showing that you have read and understood these terms.  You or Your child user’s continued use of the Services indicates your continued acceptance of these Terms.

• Updates to These Terms.  You agree that: (i) Ethos may update these Terms from time to time, in which case Ethos will post the revised Terms on trekai.org/terms; (ii) all changes Ethos makes will be effective on the “Last Updated” date on the updated Terms; and (iii) if you or your Child User continues to use the Services after Ethos posts the updated Terms, you are accepting Ethos’s changes to these Terms both on your own behalf and on behalf of your Child Users.

• Provision of Services.

• Services.  Subject to these Terms and during the Service Term, Ethos will make available to you and your Child User (if your Child User is the intended user of the Services) the following services (the “Services”): (i) access to an artificial intelligence-enabled chatbot designed to assist students’ learning activities in connection with those educational courses of instruction provided by Ethos (“TrekAI”); and (ii) technical support with respect to you or your Child User’s access and use of TrekAI as described in Section 2.5 of these Terms. 

• Pricing.  The total price for the Services (the “Fee”) is determined on per-user basis in accordance with the then-current Fee available at https://insightsethos.com/trekaisignup, which may be updated by Ethos from time to time. 

• License Grant.  Subject to these Terms, Ethos grants to you during the Service Term, a limited, non-transferable, non-exclusive, non-sublicensable license for you (if you are the intended user of the Services) or a student you designate of whom you are a parent or legal guardian (“Child User”) to access and use the Services solely in connection with those courses of instruction provided by Ethos.

• Restrictions on Use.  You will not, and will ensure your Child User does not, (i) access or use the Services except as expressly permitted herein; (ii) license, sell, redistribute, lease, or otherwise transfer or assign any part of the Services; (iii) alter or permit a third party to alter any part of the Services; (iv) use or permit the use of the Services in any manner that violates any applicable law; (v) use or permit the use of the Services in any manner that infringes, misappropriates, or otherwise violates any right of any third party; or (vi) permit any third party (other than a Child User hereunder) to access or use the Services.

• Technical Support.  Ethos will provide you with reasonable technical assistance by email to address basic inquiries with respect to the access and use of TrekAI, such as resolving password problems or assisting with TrekAI’s general functionalities.  Ethos will respond to you within a reasonable period from a request placed by you.

• Services Quality.  Ethos may from time to time update the Services in its sole discretion.  You hereby agree that: (i) the Services include features that allow you or your Child User to provide input (e.g., prompts and upload content) to TrekAI (“TrekAI Input”) and receive output returned by TrekAI (“TrekAI Output”, and together with TrekAI Input, “TrekAI Content”); (ii) TrekAI Output provided to you or your Child User may not be unique to such recipient and the same or similar TrekAI Output may be provided to other users of Ethos’s products or services; and (iii) TrekAI Output may (x) include errors, objectionable or offensive responses, or biased, incomplete, or incorrect information, including such responses and information derived in whole or in part from TrekAI Input, (y) not account for events or changes to underlying facts occurring after the applicable artificial intelligence model was trained, and (z) have other limitations inherent to artificial intelligence technologies.    

• Services Suspension.  Ethos may suspend you or your Child User’s access to and use of the Services in whole or in part and without notice: (i) if Ethos believes, in Ethos’s sole and absolute discretion, you or your Child User’s use of the Services represents a direct or indirect threat to the function or integrity of the Services, Ethos’s or its service providers’ system or networks, or any third party’s use of the Services; (ii) if reasonably necessary to prevent unauthorized access to the Customer Data; or (iii) to the extent necessary to comply with legal requirements.  If Ethos suspends the Services without notice pursuant to this Section 2.7, Ethos will provide the reason for such suspension, upon your request.  Ethos may also, upon such notice as is reasonably practicable under the circumstances, perform scheduled or emergency maintenance (including temporary suspension of the Services as necessary) to maintain or modify the Services or Ethos Technology.

• Service Term.

• Initial Service Term.  The initial term of the Services (the “Initial Service Term”) begins upon the date you pay the initial Fee for the Services and will continue for a period of one (1) calendar month.

• Renewal Service Terms.  The term of the Services will be automatically renewed for additional successive periods equal to the length of the Initial Service Term (each, a “Renewal Service Term”), unless you submit a request to cancel the Services at least [one (1) day] prior to the expiration of the then-current Services Term or unless terminated early by Ethos pursuant to Section 7.  The Initial Service Term and all Renewal Service Terms are individually and collective referred to as the “Service Term”.

• Fees and Payment.

• Fees and Payment.  You agree that Ethos will charge the Fee and any applicable taxes at the commencement of the Initial Service Term and at the commencement of each of the subsequent Renewal Service Terms.  You hereby authorize Ethos to charge the payment method on file without separately notifying you, unless Ethos is required by law to notify you, to collect the applicable Fee and taxes pursuant to this Section 4.1.  The Fee and all applicable taxes are non-refundable, except as otherwise explicitly stated in these Terms. 

• Future Price Adjustments.  The Fee for any Service Term will be set at then-current Fee available athttps://insightsethos.com/trekaisignup.

• Customer Data and TrekAI Content.

• License.  “Customer Data” means information you or your Child User provides to Ethos in the course of Ethos’s provision of the Services.  TrekAI Content is not Customer Data.  Notwithstanding anything to the contrary in these Terms, you grant Ethos the right to use, copy, modify, manipulate, and create derivative works of (i) the Customer Data as necessary for Ethos to provide, perform, and maintain the Services; and (ii) TrekAI Input to provide, perform, maintain, develop, and improve Ethos’s products and services.  Ethos may transmit or disclose (a) the Customer Data to third parties in accordance with your or your Child User’s directions (whether via the Services or otherwise); or (b) TrekAI Input as part of TrekAI Output to any other user of Ethos’s products or services.

• Privacy.  The parties acknowledge that the Customer Data or TrekAI Input may include information that qualifies as “personal information”, “personal data”, “personally identifiable information”, or other similar terms as defined under applicable data protection laws, rules, and regulations (collectively, “Personal Data”).  You represent and warrant to Ethos, and covenant and agree, that you have the legal capacity to (i) enter into these Terms and (ii) consent to, on behalf of your Child User and in accordance with applicable laws, Ethos’s collection, use, disclosure, or other processing of Personal Data of your Child User.  You hereby agree, on your own behalf and on behalf of your Child User, that Ethos may collect, use, disclose, or otherwise process Personal Data in accordance with Ethos’s Privacy Policy, as updated from time to time. 

• Customer Data Warranties.  You represent and warrant to Ethos, and covenant and agree, that (i) the Customer Data and TrekAI Input do not, and will not, infringe, misappropriate, or otherwise violate any right of any third party; and (ii) Ethos’s use of the Customer Data or TrekAI Input, as contemplated under these Terms, does not, and will not, infringe, misappropriate, or otherwise violate any right of any third party.

• Indemnification.  Notwithstanding anything to the contrary in these Terms, you agree, to the fullest extent permitted by law, to defend, indemnify, and hold harmless Ethos, its affiliates, and their respective officers, directors, employees, agents, contractors, successors, and assigns from and against all damages, losses, claims, legal actions, settlements, judgments, awards, costs, and expenses related to or arising out of any claim, suit, action, or proceeding (collectively, “Claims”) related to or arising out of you or your Child User’s use of the Services in violation of these Terms, expressly including any Claims (i) alleging that the Customer Data, TrekAI Input, or Ethos’s use of the Customer Data or TrekAI Input as contemplated under these Terms infringes, misappropriates, or otherwise violates any intellectual property rights of any third party; or (ii) arising out of or related to any actual or alleged violation of the representations, warranties, or covenants provided in Sections 5.2 and 5.3 of these Terms. 

• System Metrics.  Ethos may automatically collect usage and volume statistical information regarding your and your Child User’s usage of the Services (collectively, the “System Metrics”).  Ethos uses the System Metrics internally to diagnose technical problems, administer the Services, and improve its products and services.  Notwithstanding anything to the contrary in these Terms, you agree to Ethos’s collection and use of the System Metrics as set forth herein, and you further agree that the System Metrics are Ethos’s sole and exclusive property.

• Your Responsibilities.  In addition to any obligations otherwise set out in these Terms, you will be responsible for the following.

• General.  You will provide, and will ensure your Child User provides, Ethos with all data and information (including the Customer Data) in a timely manner as reasonably necessary for Ethos to perform the Services.

• System Requirements.  Ethos may establish, from time to time, minimum browser or other system requirements (the “System Requirements”) for the equipment from which the Services should be accessed so that all included functionalities are operational.  You or your Child User may be required to purchase software, hardware, or services (such as internet access services) to utilize the Services or satisfy the System Requirements, as may be amended by Ethos from time to time.  You shall be solely responsible for acquiring and the operation and maintenance of all such software, hardware, and services.

• Accounts and Access Credentials. You must, and must ensure that your Child User, (i) provide true, accurate, current, and complete information about you and your Child User to set up accounts with Ethos; and (ii) promptly update you and your Child User’s account information to keep it true, accurate, current, and complete.  You are solely responsible for maintaining the confidentiality of all usernames, passwords, and related information (collectively, “Access Credentials”) assigned to or connected with the Services.  You will not, and will ensure your Child User does not, share Access Credentials and related information.  You must notify Ethos immediately in case of any unauthorized use of your Access Credentials.  You will be liable for losses Ethos or others incur from someone else using your Access Credentials.

• Legal Compliance.  You will comply, and will ensure the Child User will comply, with all applicable laws, including sanctions and export control laws.  You will not, and will ensure your Child User does not, use the Services in or for the benefit of, or export or re-export the Services to (i) any U.S. embargoed country or territory or (ii) any individual or entity the dealings with whom are prohibited or restricted under applicable law.  The Customer Data will not include material or information that requires a government license for release or export.

• Termination.

• By Ethos. In addition to any other termination rights described in these Terms, Ethos may, in its sole discretion, for any or no reason, and without penalty, (i) terminate these Terms immediately (or, in its sole discretion, suspend the provision of the Services) without notice.

• By You.  Your sole remedy with respect to any dissatisfaction with the Services or any terms of these Terms is to terminate these Terms and your account by requesting a non-renewal pursuant to Section 3.2.

• Procedure upon Termination.  Upon the effective date of termination of these Terms, and in addition to any other post-termination obligations in these Terms, Ethos will cease providing the terminated Services to you or your Child User, and you and your Child User will cease using the Services.

• Survival.  The terms and conditions set forth in Sections 4.1 (Fees and Payment), 5.1 (License), 5.2 (Privacy), 5.3 (Customer Data Warranties), 5.4 (Indemnification), 5.5 (System Metrics), 7.3 (Procedure Upon Termination), 7.4 (Survival), 8 (No Warranty; Disclaimer), 9 (Limitations of Liability), 10 (Proprietary Rights), 11 (Dispute Resolution) and 12 (General Provisions) will survive any termination or expiration of these Terms.

• No Warranty; Disclaimer.   THE SERVICES ARE PROVIDED EXCLUSIVELY ON AN “AS IS” BASIS, AND, TO THE FULLEST EXTENT PROVIDED BY LAW, ETHOS DISCLAIMS ANY AND ALL OTHER EXPRESS, IMPLIED, OR STATUTORY WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.  ETHOS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.  ETHOS DOES NOT WARRANT OR GUARANTEE ANY SPECIFIC RESULTS FROM YOUR OR YOUR CHILD USER’S USE OF THE SERVICES.  AS BETWEEN THE PARTIES, YOU SHALL BE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL CUSTOMER DATA AND TREKAI INPUT IN CONNECTION WITH THE SERVICES.

• Limitations of Liability.

• Exclusion of Consequential Damages.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ETHOS BE LIABLE TO ANYONE FOR LOST PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL, RELIANCE, OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND, INCLUDING COST OF REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF INFORMATION OR DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

• Limitations on Liability.  IN NO EVENT WILL THE MAXIMUM LIABILITY OF ETHOS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY LICENSE, USE, OR OTHER EMPLOYMENT OF THE SERVICES, ARISING UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED AN AMOUNT EQUAL TO THREE (3) MONTHS OF FEES APPLICABLE TO THE AFFECTED SERVICES AT THE TIME OF THE EVENT.  NOTWITHSTANDING THE PREVIOUS SENTENCE, ETHOS SHALL NOT BE LIABLE TO YOU, YOUR CHILD USER, OR ANY THIRD PARTY TO THE EXTENT SUCH LIABILITY WOULD NOT HAVE OCCURRED BUT FOR YOUR OR YOUR CHILD USER’S FAILURE TO COMPLY WITH THE TERMS OF THESE TERMS OR MISUSE OF THE SERVICES. 

• Force Majeure.  Ethos will not be liable for any loss or delay resulting from any event beyond Ethos’s reasonable control, including, fire, natural disaster, labor stoppage, internet service provider failures or delays, terrorism, civil unrest, war or military hostilities, or criminal acts of third parties, and any payment date or delivery of service date will be extended to the extent of any delay resulting from any force majeure event.

• Acknowledgement; Exceptions.  Both parties agree that the Fee reflects the allocation of risk set forth in these Terms and that the parties would not enter into this these Terms without the limitations in this Section 9.

• Proprietary Rights.

• Proprietary Rights.  Exclusive of the Customer Data, Ethos and its licensors will retain all right, title, and interest (including copyright and other intellectual property rights or informational rights) in and to the Services and all legally protectable elements or derivative works of the foregoing, including any information Ethos creates or otherwise owns or licenses from third parties and is related to the Services, including all of Ethos’s proprietary software and other technology with respect to the Services, all documentation relating to the Services (both printed and electronic), and any derivatives, improvements, enhancements, upgrades, and updates of each of the foregoing conceived, reduced to practice, or otherwise developed during the Service Term by either party (collectively, the “Ethos Technology”).  Ethos may place copyright and/or other proprietary notices, including hypertext links, within the Services, and you will not, and ensure your Child User will not, remove such notices without Ethos’s written permission.  Notwithstanding anything to the contrary in these Terms, Ethos will not be prohibited or enjoined at any time by you from utilizing any skills, knowledge, or information of a general nature acquired during the provision of the Services, including knowledge or information publicly known or available or that could reasonably be acquired in similar work performed for another customer of Ethos.

• Remedies.  In the event of a violation or threat of violation by a party, directly or indirectly, of the terms of this Section 10, the party who would be harmed by such violation may seek, in addition to all other remedies available to it at law, in equity, or under these Terms, injunctive relief from a court of competent jurisdiction.  Each party agrees that a violation of this section 10 may cause irreparable harm where all other remedies are inadequate.

• Dispute Resolution

• General.  Except for disputes that qualify for small claims court, all disputes arising out of or relating to these Terms or any aspect of the relationship between you and Ethos (or its suppliers or vendors), whether the dispute is based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved in final, binding arbitration before a neutral arbitrator instead of in court by a judge or a jury.  You agree that Ethos and you each waive the right to trial by a jury and that the Federal Arbitration Act and federal arbitration law, not state law, govern the enforceability of this Section 11.  You also agree that any arbitration under these Terms will take place on an individual basis, class action arbitrations and class actions are not permitted, and you give up the ability to bring or participate in a class action.

• Pre-Arbitration Negotiation.  For any disputes or claims you have, you must first give Ethos an opportunity to resolve your claim by sending a written description of your claim to Ethos to this address: Greater Atlanta Christian Schools, Inc. d/b/a Ethos, 1575 Indian Trail Rd, Norcross, GA 30093, +1 (833) 333-8467.  You and Ethos each agree to negotiate your claim in good faith.  You agree that you may not commence any arbitration or court proceeding unless you and Ethos are unable to resolve the claim within sixty (60) days after Ethos receives your claim description and you have made a good faith effort to resolve your claim directly with Ethos during that time.  If you and Ethos are unable to resolve your claim within sixty (60) days despite those good faith efforts, then either you or Ethos may start an arbitration or small claims court proceeding.  You and Ethos agree that any dispute as to whether these conditions precedent have been satisfied will be decided in court and not by the arbitrator.  Either you or Ethos may elect to have an arbitration proceeding initiated by the other party adjudicated in small claims court by giving written notice of that election to the other party.

• NAM.  National Arbitration and Mediation (“NAM”) will conduct the arbitration under its Comprehensive Dispute Resolution Rules and Procedures, including its Minimum Standards for Procedural Fairness for Consumer and Employment/Workplace Arbitrations, and its Supplemental Rules for Mass Arbitration Filings (the “NAM Rules”).  The NAM Rules and instructions for how to initiate an arbitration are available from NAM at https://www.namadr.com/ or +1 (800) 358-2550.  If NAM fails or declines to conduct the arbitration for any reason, you and Ethos will mutually select a different arbitration administrator.  If you and Ethos cannot agree, a court will appoint a different arbitration administrator but will not decide arbitrability or any other aspect of the parties’ dispute (except as outlined above or if either party files a small claims court matter).  Payment of arbitration fees will be governed by NAM’s schedule of “Fees for Disputes When One of the Parties is a Consumer”.  Notwithstanding the foregoing, if any claim asserted in an arbitration demand is deemed to be frivolous, the defending party will be entitled to recover its attorneys’ fees and any filing, administration, and arbitrator fees incurred.  The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis.

• Interpretation.  If a court or arbitrator finds in any action between you and Ethos that any part of this arbitration agreement and class action waiver is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to all other claims that you or Ethos may assert in that or any other action.  If any other provision of this dispute resolution provision is found unenforceable, the other parts of it shall continue to apply.  You reserve your ability to bring claims in small claims court to the extent of that court’s jurisdiction.  These Terms, all transactions related to the Services, and all related matters are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Georgia, without regard to any conflict of laws rules.

• Limitation of Actions.  You must commence any cause of action or claim you may have with respect to the Services or these Terms within six (6) months after the claim or cause of action arises.

• General Provisions.

• Waiver. No waiver of any provision of these Terms or of any right or remedy under these Terms will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.  Neither any delay in exercising, nor any course of dealing with respect to, nor any partial exercise of any right or remedy under these Terms will constitute a waiver of any other right or remedy, or of any future exercise of that right or remedy.

• Severability; Interpretation.  If any provision is held by a court to be contrary to law, such provision will be eliminated or modified to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.  The headings in these Terms are provided for convenience only and will not affect its construction or interpretation.  As used in these Terms, “including” means “including, without limitation”.

• Beneficiaries; Successors and Assigns.  There are no third-party beneficiaries to these Terms.  These Terms will inure to benefit of and bind you and Ethos and their successors and assigns.  You may not assign or transfer these Terms, the license granted under these Terms, or any rights to use the Services, in any way or manner, without prior written consent of Ethos.

While parents and educators often fear AI as a method to cut corners or cheat, many are using it as a tool to better their education—as some have suggested, it’s like a calculator for the humanities.

TrekAI is a Generative AI tool built by Ethos School as an option for Christian educators. It is currently used by dozens of Christian private schools and thousands of students as a tool to help students study.