Terms of Service

Last updated: March 12, 2026

1. Acceptance of Terms

By accessing or using SpecialEdAI ("the Service," "we," "us," or "our"), you ("User," "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Service. These Terms constitute a legally binding agreement between you and SpecialEdAI.

2. Description of Service

SpecialEdAI is an artificial intelligence-assisted drafting tool that generates draft content to assist licensed special education professionals in the preparation of special education documents, including but not limited to: Individualized Education Programs (IEPs), Behavior Intervention Plans (BIPs), Prior Written Notices (PWNs), Progress Reports, and IEP goal banks. The Service is intended solely as a productivity and drafting aid. SpecialEdAI does not provide legal advice, educational consulting, psychological assessment, or any professional services of any kind.

3. Critical Disclaimer — Draft Content Only

ALL OUTPUT GENERATED BY SPECIALEDAI IS A DRAFT ONLY. It is not a final, complete, or legally valid document of any kind. All content generated by this Service must be thoroughly reviewed, verified, corrected, and approved by a licensed and qualified special education professional before use.

You expressly acknowledge and agree that:

  • AI-generated content may contain errors, omissions, inaccuracies, or legally insufficient language.
  • You are solely and entirely responsible for reviewing, editing, and verifying all generated content prior to submission or use in any official capacity.
  • SpecialEdAI does not guarantee that any generated content complies with federal law (IDEA), state law, local education agency (LEA) requirements, or any applicable regulation.
  • You, your employer, and/or your school district bear sole legal responsibility for any document submitted using content generated by this Service.
  • SpecialEdAI is not a party to any IEP, BIP, educational placement decision, or related legal proceeding.
  • Use of this Service does not establish any professional-client, attorney-client, or educator-student relationship between you and SpecialEdAI.

4. User Eligibility and Responsibilities

You represent and warrant that:

  • You are at least 18 years of age.
  • You are a licensed or credentialed education professional, or are acting under the direct supervision of one.
  • You will use the Service only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
  • You will not submit any personally identifiable student information (name, date of birth, student ID, or any other FERPA-protected data) into the Service.
  • You will review and professionally validate all generated content before incorporating it into any official document.
  • You will not rely on the Service as a substitute for professional judgment.

5. FERPA Compliance and Student Data

SpecialEdAI is designed with student privacy as a foundational principle:

  • We do not store any input data you enter into the generation form on our servers. All input is processed in memory and discarded immediately after the output is generated. Your browser may save draft form progress locally on your own device for convenience.
  • You are expressly prohibited from entering any personally identifiable information (PII) about students, including but not limited to: student names, dates of birth, student identification numbers, addresses, or any other information that could identify a specific student.
  • You acknowledge that you are responsible for your own FERPA compliance in how you use, store, and distribute any generated content.
  • SpecialEdAI is not a "school official" under FERPA and does not receive, maintain, or have access to student education records.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY, OR NON-INFRINGEMENT. SPECIALEDAI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SPECIALEDAI MAKES NO WARRANTY THAT GENERATED CONTENT IS LEGALLY SUFFICIENT, IDEA-COMPLIANT, OR SUITABLE FOR ANY PARTICULAR STUDENT OR SITUATION.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPECIALEDAI AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: DAMAGES ARISING FROM RELIANCE ON AI-GENERATED CONTENT; LEGAL CHALLENGES TO IEP OR BIP DOCUMENTS; DUE PROCESS COMPLAINTS OR LITIGATION; REGULATORY FINDINGS OR PENALTIES; LOSS OF EDUCATIONAL PLACEMENT; OR ANY OTHER HARM ARISING FROM THE USE OR INABILITY TO USE THE SERVICE — EVEN IF SPECIALEDAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SPECIALEDAI'S TOTAL CUMULATIVE LIABILITY EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO SPECIALEDAI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

8. Indemnification

You agree to defend, indemnify, and hold harmless SpecialEdAI and its owners, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) any document or content you submit using output from this Service; (d) your violation of any applicable law or regulation; or (e) any claim by a third party (including but not limited to students, parents, guardians, school districts, or regulatory agencies) arising from your use of generated content.

9. Payment and Subscription Terms

  • Free tier users receive 3 IEP generations at no cost.
  • Pro tier subscribers are billed monthly or annually as selected at the time of purchase.
  • All payments are processed by LemonSqueezy. SpecialEdAI does not store payment card information.
  • Subscriptions automatically renew unless cancelled before the renewal date.
  • Refunds are not provided for partial billing periods. You may cancel at any time and retain access through the end of your paid period.
  • SpecialEdAI reserves the right to modify pricing with 30 days' notice to active subscribers.

10. Intellectual Property

The Service, its design, code, branding, and all non-user-generated content are owned by SpecialEdAI and protected by applicable intellectual property laws. Content generated by the AI in response to your input is provided to you for your professional use. Because we do not store or retain your input data, we have no access to interaction content after generation is complete.

11. Termination

SpecialEdAI reserves the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Service ceases immediately.

12. Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the Service shall be resolved through binding individual arbitration under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Before initiating arbitration, you agree to contact us at legal@specialeduai.com to attempt informal resolution.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify active users of material changes via email. Continued use of the Service after changes constitutes acceptance of the revised Terms.

14. Contact

For questions regarding these Terms, contact us at: legal@specialeduai.com