Terms of Use

1. About these terms

These terms govern access to Kuraplan's websites, applications and related services, provided by Kuraplan Inc. ("Kuraplan", "we", "us"). "You" means the person or organisation accepting these terms. If you accept them for an organisation, you confirm that you have authority to bind it.

A "school agreement" means an agreement that Kuraplan and a school or other organisation have signed or accepted in writing, such as a data processing agreement or order form. If a school agreement conflicts with these terms, the school agreement applies. Terms in a purchase order or similar document do not apply unless we agree to them in writing. Our Privacy Policy explains how we handle personal information.

If you use Kuraplan through your school, you accept these terms for your own use. Your acceptance does not bind your school.

2. Accounts and school use

Provide accurate account information, keep your login secure and tell us promptly if you suspect unauthorised access. Subscriptions are limited to the users and seats agreed at purchase. Do not share login credentials or resell access.

If your account is linked to a school, the school may manage its members, settings and school content as the service and any school agreement allow.

3. Responsible use of AI

AI-generated content may contain errors, bias, outdated information or unsuitable material. It may not be unique or original, and it may be similar to material generated for other users. To the extent permitted by law, we do not warrant that generated content is accurate, complete, non-infringing or suitable for any particular purpose.

You are responsible for reviewing and adapting generated content and for your decisions to use, rely on, share or publish it. Use your professional judgment and follow your school's policies.

Do not use AI-generated guidance, marking, scores or feedback as the sole basis for a formal, high-stakes, disciplinary, pastoral-care, employment or safeguarding decision.

4. Your content and generated resources

"Your content" means material you upload or enter, including prompts and files, and the content Kuraplan generates for you. "Kuraplan materials" means our software, templates, layouts, designs, image library, printables, packs and other material we provide that is not generated specifically for you.

Our service. Kuraplan and its licensors own the service, Kuraplan materials and the Kuraplan name, logos and trademarks. Except for the rights these terms expressly grant, you receive no rights in them. Do not use our name or trademarks without our written permission.

Ownership of your content. As between you and Kuraplan, you own your content to the extent the law allows, except for Kuraplan materials and third-party material in it. Other users may receive similar outputs.

Using your resources. You may use, edit, print, share, publish and sell resources you create with Kuraplan, including after your subscription ends, provided you have the rights to any third-party material in them.

Kuraplan materials in your resources. We grant you a non-exclusive, worldwide, royalty-free, perpetual licence to use Kuraplan materials as part of resources you create with Kuraplan, including in resources you sell. You may not sell or distribute Kuraplan materials on their own or with only minor changes, use them to build a competing library, or use them to train AI models.

Our licence to your content. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, display and distribute your content, and to let our service providers do so for us, to provide, operate, improve and promote the service. This includes reproducing, displaying and distributing any resource in the public library on our websites, in our apps and in search results for as long as it remains in the public library.

Usage and de-identified data. We may collect information about how the service is used, and create aggregated or de-identified data from your content and usage that cannot reasonably be used to identify you, your school or any individual. We may use that data to analyse, maintain and improve the service, and for research and reporting.

5. Third-party materials, sharing and copyright

Third-party images, videos, documents and other materials remain subject to their original rights and licence conditions. You must have the rights to material you upload or enter and to the way you use it. Do not ask Kuraplan to reproduce identifiable third-party material, such as characters or textbook content, unless you have the right to do so.

Images Kuraplan inserts. Some features insert third-party images automatically. Before you publish or sell a resource, check any source or licence information shown. Licence labels come from the source and may be wrong.

Sharing and the public library. When you share or publish a resource, you confirm that you have the rights needed to do so, and you grant the people you share it with, or anyone who can access the public library, a non-exclusive, royalty-free licence to view, copy, adapt and use it for teaching and learning, but not to sell it. We do not review user-shared material before it appears and do not endorse it. We may remove, restrict or unpublish any content, including from the public library, at our discretion.

Copyright notices. If you believe material on Kuraplan infringes your copyright, send a notice that meets the requirements of 17 U.S.C. § 512(c)(3) to our designated copyright agent:

Copyright Agent, Kuraplan, Inc.
1111B South Governors Avenue, STE 39405, Dover, DE 19904, United States
Email: contact@kuraplan.com · Phone: +1 415 853 1867

If your material was removed and you believe that was a mistake, you may send the agent a counter-notice that meets the requirements of 17 U.S.C. § 512(g)(3). We may remove or restrict access to material we believe infringes, with or without a notice, and we will end the accounts of repeat infringers in appropriate circumstances.

6. Who can use Kuraplan

To create an account, you must be able to enter into these terms, or have permission from a parent, guardian or school that can.

Teachers and schools. If you use Kuraplan in your work at a school, you confirm that your school allows you to use it. If you share Kuraplan experiences with students, you confirm that your school allows that use and has any consent the law requires, and you are responsible for making sure that use is appropriate. Enter only the student information the task needs, use first names where possible, and do not enter sensitive information unless your school has authorised it.

Student data. Where a US school shares education records or lets students under 13 use Kuraplan, the school is responsible for providing the consent FERPA and COPPA require. We use student information only to provide the service to the school, other than as de-identified data under section 4, and we do not sell it or use it for targeted advertising. Our Privacy Policy describes how we handle that data.

Learner profiles. Parents and guardians may create learner profiles only for children they have authority for.

7. Acceptable use

Do not use Kuraplan to:

• break the law or infringe another person's rights;
• upload or distribute unlawful, harmful, abusive or malicious content;
• impersonate another person;
• introduce malware, interfere with the service or gain unauthorised access;
• bypass usage, payment, privacy or safety controls;
• scrape or automate the service, or use it in a way that disrupts other users;
• copy, frame, reverse engineer, decompile or create derivative works of the service, except where the law allows;
• use the service to build or train a competing product; or
• resell access to Kuraplan.

Use is subject to the limits of your plan.

8. Subscriptions and payments

Paid subscriptions renew automatically for the period agreed at purchase until cancelled. You authorise recurring charges for the agreed fees and applicable taxes, processed by our payment provider. If you start a free trial that asks for a payment method, it converts to a paid subscription when the trial ends unless you cancel before then. You can cancel at any time; cancellation stops future renewals, and paid access continues until the end of the period already paid for.

We will tell you before a price increase takes effect. An increase applies from your next renewal.

School orders follow their school agreement.

9. Refunds

You may request a refund by emailing support@kuraplan.com within 7 days after a subscription payment. Whether to give a refund, in full or in part, is at our discretion, and we may take into account how much you have used the service during that period. If we give a refund, the paid access it covers ends.

We do not give refunds for requests made more than 7 days after a payment, for partial periods, or for unused time after you cancel, unless section 10 provides one, we told you otherwise when you purchased, or the law requires a refund.

If you are a consumer in the United Kingdom, Ireland or the European Union, you may cancel within 14 days after you first subscribe. If you asked us to start the service during that period, we may deduct an amount for the service already provided.

School orders follow the refund terms in their school agreement.

10. Availability, suspension and termination

We provide the service on an "as available" basis and may change, add or remove features at any time. Third-party services, integrations and links may have their own terms, and you use them at your own risk.

Beta features. Features labelled beta, preview or experimental are provided as is, may be less reliable, and may change or be withdrawn at any time.

We may suspend, restrict or end your access at any time if we reasonably believe you have breached these terms, or to protect the service, other users or Kuraplan, or to comply with law. We may also discontinue the service or a plan with reasonable notice. If we end a paid plan for a reason other than your breach, we will refund prepaid fees for the unused period.

You can delete your account at any time. Deletion removes your account and content as described in our Privacy Policy, and does not entitle you to a refund. Copies that others made of resources you shared are not deleted. Sections 4, 5, 11, 12, 14 and 15 survive termination.

11. Responsibility for claims

To the extent permitted by law, you will defend and pay Kuraplan's reasonable losses and legal costs arising from a third-party claim caused by your content, your use of the service, or your breach of these terms. If you accept these terms for an organisation, this obligation is the organisation's.

12. Disclaimers and limits on liability

Kuraplan provides the service "as is" and "as available". To the extent permitted by law, we give no warranties, express or implied, including of merchantability, accuracy, fitness for a particular purpose, uninterrupted operation or non-infringement. Nothing in these terms excludes or limits a right or remedy that cannot legally be excluded or limited.

To the extent permitted by law, Kuraplan is not liable for your decisions to use, rely on, share, publish or sell generated content, or for content other users share.

To the extent permitted by law:

1. neither of us is liable to the other for indirect, incidental, special, consequential or punitive loss, or loss of profits, revenue or goodwill; and
2. Kuraplan's total liability for all claims arising from these terms or the service is limited to the fees you paid or owe for the three months of service before the event giving rise to the first claim.

These limits do not apply to liability for death or personal injury caused by negligence, fraud, or liability that cannot be limited by law.

Local consumer law.

• Australia. If the Australian Consumer Law applies, our services come with guarantees that cannot be excluded. Where the law allows and the services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet a guarantee is limited to supplying the services again or paying the cost of having them supplied again.
• New Zealand. If you acquire the service in trade, the Consumer Guarantees Act 1993 does not apply, to the extent it is fair and reasonable for both of us to agree this.
• United Kingdom, Ireland, the European Union and Canada. If you are a consumer, you have statutory rights that these terms do not affect.
• United States. Some states do not allow the exclusion of implied warranties or of certain damages, so some of the exclusions above may not apply to you. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

13. Changes to these terms

We may update these terms. For a material change, we will give existing customers reasonable notice by email or in the service, unless a legal or security reason requires less. Continued use after a change takes effect means you accept it. If you do not agree, stop using the service and cancel your plan.

14. Disputes and arbitration (United States)

This section applies if you live in the United States or accept these terms for a US organisation. Please read it carefully. It affects how disputes are resolved.

Informal resolution first. Before starting arbitration, the party with a claim must send the other a written description of it, and we will both try in good faith to resolve it for 30 days. Send yours to support@kuraplan.com.

Arbitration. Any dispute arising from these terms or the service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, or its Commercial Arbitration Rules for organisations. The Federal Arbitration Act governs this section. Hearings may be held by video or in the county where you live. Either of us may instead bring an individual claim in small claims court, or go to court to protect intellectual-property rights.

Class action and jury trial waiver. You and Kuraplan may bring claims only individually, and not as a plaintiff or class member in any class, collective or representative proceeding. You and Kuraplan waive any right to a jury trial.

Opting out. You may opt out of this section by emailing support@kuraplan.com with your name and account email within 30 days after you first accept these terms or, for existing users, after this version takes effect. Opting out does not affect the rest of these terms.

Mass filings. If 25 or more similar claims are filed against Kuraplan by or with the help of the same law firm or organisation, they will be administered in batches of up to 100 claims under the AAA's Mass Arbitration Supplementary Rules, with one arbitrator, one set of filing and administrative fees per side, and one hearing (if any) per batch.

If part of this section fails. If the class action waiver is found unenforceable for a claim, that claim will proceed in court under section 15 and not in arbitration. If any other part of this section is unenforceable, the rest continues.

15. Other legal terms

Governing law. These terms are governed by the laws of the State of Delaware, United States. Subject to section 14, disputes will be resolved in the state or federal courts located in Delaware. If you are a consumer, you keep the protection of the mandatory laws of the country where you live.

General. If a provision cannot be enforced, the rest of these terms continue. A delay in enforcing a right is not a waiver of it. You may not transfer your rights under these terms without our written consent; we may transfer them as part of a merger, acquisition or sale of our business. These terms and the documents in section 1 are the whole agreement between you and Kuraplan about the service. No one else has rights under these terms.

Notices. We may give you notices by email or through the service. You may give us notices at support@kuraplan.com.

Feedback. We may use any feedback you send us without obligation to you.

Events outside our control. Neither of us is liable for delays or failures caused by events beyond our reasonable control. This does not excuse an obligation to pay.

Sanctions. You may not use Kuraplan if you are located in a country subject to comprehensive United States sanctions or are named on a United States restricted-party list.

16. Contact

• Terms, account and billing: support@kuraplan.com
• Privacy: privacy@kuraplan.com
• Copyright: our designated copyright agent (section 5)