FERMI - TERMS OF SERVICE (TOS)

1. Introduction and Acceptance

Welcome to Fermi ("we," "our," "us"), an AI-powered STEM tutoring platform. Fermi is operated by the following entities, and the entity that contracts with you under these Terms depends on your country of residence:

• Fermi AI Inc. (Delaware, USA) — for users in the United States.
• Fermi AI Pte. Ltd. (Singapore) — for users outside the United States and India, including users in the European Union and the United Kingdom.
• Fermi AI Pvt Ltd (India) — for users in India.

These Terms govern your access to and use of our website, mobile applications, learning tools, and tutoring services ("Services"). See Section 12 for entity contact details.

By creating an account, clicking "I Agree," or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree, you must not use the Services.

1.1 Contracting Party for Minors

If you are below the digital age of consent in your jurisdiction — generally 13 in the United States and the United Kingdom, between 13 and 16 in the European Union (varies by Member State), and 18 in India under the DPDP Act — your parent or legal guardian is the contracting party and must accept these Terms on your behalf.

If you access the Services through a School Account, your school is the contracting party on your behalf, consistent with the school authorization framework described in our Privacy Policy.

2. Eligibility and Account Types

2.1 Personal Accounts

If you create an account independently (student, parent, or adult learner):

• You represent you have legal capacity to enter into this agreement, or
• Your parent/guardian accepts these Terms on your behalf.

2.2 School Accounts

If your account is created by a school, district, or educator:

• Your use is governed by these Terms and the policies, agreements, and permissions established by your School.
• The School acts as the Data Controller, and Fermi acts as the Data Processor.

FERPA School Official Designation. For U.S. school engagements, the School designates Fermi as a "school official" with "legitimate educational interests" under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g, and 34 C.F.R. Section 99.31(a)(1)(i)(B). Fermi performs institutional services that the School would otherwise perform itself, remains under the direct control of the School with respect to Education Records, and uses Education Records only for authorized educational purposes. See our Privacy Policy for details.

2.3 Users Under 13

Children under 13 may only use the Services if:

• A parent completes verifiable parental consent. We use FTC-approved methods, including payment-card $0 authorization and signed consent form. See our COPPA Notice to Parents at fermi.ai/coppa-notice.
• A School provides consent under the school authorization framework as permitted under COPPA.

COPPA Compliance. Fermi complies with the Children's Online Privacy Protection Act (COPPA, 15 U.S.C. Sections 6501–6506; 16 C.F.R. Part 312). Parents may review, correct, delete, or refuse further collection of their child's information at any time by contacting compliance@fermi.ai. See our COPPA Notice to Parents at fermi.ai/coppa-notice and our Privacy Policy for full details.

2.4 Institutional Services

Fermi may enter into supplemental written agreements with schools, school districts, or similar education agencies with respect to use of the Services on an institutional basis ("School Agreements," which may include Data Processing Agreements and master services agreements). Pursuant to School Agreements, Fermi may provide additional services or undertakings, which may include modifications to specific provisions of these Terms (such as data handling, governing law, dispute resolution, or liability limits) as they apply to the relevant institution and its individual Users. Except as otherwise provided in a School Agreement, these Terms remain in effect for all individual Users of the Services in the relevant institution.

3. Accounts and Security

3.1 Responsibility

You are responsible for safeguarding your login credentials and all activity under your account.

3.2 No Account Sharing

Accounts may not be shared between individuals.

3.3 School Authority

Educators and administrators creating School Accounts represent they have authority to provide consent for students under FERPA, COPPA, DPDP, and other applicable laws.

4. Acceptable Use Policy (AUP)

You agree to use the Services only for educational and lawful purposes.

4.1 Academic Integrity

You agree NOT to:

• Submit AI-generated answers as your own graded work.
• Use the Services during exams, quizzes, or assessments unless explicitly allowed.
• Misrepresent your learning progress or attempt to bypass educator rules.

4.2 Prohibited Content

You may not use the Services to:

• Generate harmful, harassing, hateful, or sexually explicit content.
• Create content prohibited by local cultural, political, or religious laws.
• Violate any school codes of conduct.

4.3 Technical Restrictions

You may not:

• Attempt to bypass, jailbreak, or interfere with the AI models.
• Reverse engineer the Services.
• Use bots/scrapers or other automated methods to access or extract content.
• Interfere with the integrity of our systems or security features.

4.4 Export Controls and Sanctions

You represent and warrant that: (a) you are not located in, and you are not a citizen or resident of, any country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; (b) you are not on any U.S. Government list of prohibited or restricted parties (including the OFAC Specially Designated Nationals list, the Bureau of Industry and Security Entity List, or the Denied Persons List); and (c) you will not use the Services in violation of any applicable export control or sanctions laws. Fermi may suspend or terminate access to the Services as necessary to comply with such laws.

5. Intellectual Property Rights

5.1 Our IP

The Services, including software, models, user interface, concept graph, question bank, illustrations, code, algorithms, and all related materials, are owned by Fermi and protected by copyright and intellectual property laws.

5.2 Your Content

You retain ownership of:

• Homework, questions, uploads, notes
• Audio queries
• Problem-solving attempts
• Content you create or upload

5.3 License You Grant Us

You grant Fermi a limited, non-exclusive, royalty-free license to process your content solely to provide the Services as described in our Privacy Policy.

5.4 Data Processing & User Choice

To provide transparency regarding how we use the content you upload:

Service Delivery (Required): We must process your inputs (e.g., math problems, questions) to generate immediate answers and provide the Service. This processing is necessary to fulfill our contract with you (contractual necessity) and cannot be opted out of without stopping your use of the Service.

Model Training (Personal Accounts only, opt-in): For Personal Accounts, you may opt in to contribute De-Identified interaction data for model improvement. The default is opt-out. You can change this setting at any time in your Account Settings. Data from users under 13 is never used for model training, regardless of consent setting. Data from School Accounts is never used for model training, even in De-Identified form.

5.5 Beta and Preview Features

Fermi may, from time to time, designate certain features or services as "beta," "preview," or "experimental" (collectively, "Beta Features"). Beta Features are made available "as is" and are not subject to the warranties, service levels, or support obligations of generally available Services. Fermi may modify, restrict, or discontinue any Beta Feature at any time without notice. Your use of Beta Features is at your sole risk.

6. AI Disclaimer (Accuracy & Reliability)

Fermi uses Large Language Models (LLMs) and other AI techniques. AI may occasionally generate:

• Incorrect explanations
• Plausible but wrong reasoning
• Errors in math/physics solutions
• Misinterpretations of handwritten input

6.1 Educational Aid Only

The Services are not a replacement for textbooks, certified educators, or formal instruction. They are supplemental.

6.2 No Guarantees

We do not guarantee:

• Accuracy, correctness, or completeness of AI-generated content
• Improved grades, test scores, or academic outcomes

6.3 Release of Liability

You agree Fermi is not responsible for:

• Academic consequences resulting from reliance on AI output
• Misunderstandings, AI hallucinations, or incorrect feedback

For more information about how AI works in Fermi, including the limits of automated grading and feedback, see our AI Disclosure at fermi.ai/ai-disclosure.

7. Third-Party Services

Our platform relies on third-party sub-processors to deliver the Services, including AI inference providers, cloud infrastructure, error monitoring, and other supporting services. The current list of our sub-processors — including legal entity, country, and purpose — is published at fermi.ai/subprocessors. Each sub-processor operates under a written data-processing agreement consistent with the protections described in our Privacy Policy.

We are not responsible for the content or privacy practices of third-party websites or applications accessed via external links.

8. Termination

We may suspend or terminate your account:

• For violation of these Terms
• As required by law
• If instructed by your School
• For misuse, fraud, or security risks

8.1 Data Access After Termination

Personal Accounts: You may request deletion or export of your data, which we will action consistent with the timelines in our Privacy Policy.

School Accounts: Schools may request export or deletion of Student Data, which we action within 60 days of instruction or contract termination, consistent with our Privacy Policy.

8.2 Content Moderation Rights

Fermi reserves the right (but not the obligation) to review, monitor, remove, restrict, or refuse to display any user-generated content on the Services that, in Fermi's reasonable judgment, violates these Terms, our Acceptable Use Policy, or applicable law, or that may pose a safety risk to users or third parties. This right does not create an obligation to monitor or remove specific content, and Fermi is not responsible for content that is not removed.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

9.1 "AS IS" Service

The Services are provided as-is, without warranties of any kind.

9.2 No Consequential Damages

Fermi is not liable for indirect, incidental, punitive, special, or consequential damages.

9.3 General Liability Cap

Subject to Section 9.4 and Section 9.5, Fermi's total liability for any claim arising out of or relating to these Terms or the Services is limited to:

• Personal Accounts: the greater of (a) one hundred U.S. dollars (USD $100), or (b) the amounts you paid to Fermi in the twelve months preceding the claim.
• School Accounts: the amounts paid to Fermi under the applicable School agreement in the twelve months preceding the claim.

9.4 Higher Cap for Data Security and Confidentiality

For claims arising out of Fermi's breach of confidentiality or data security obligations, the cap in Section 9.3 is increased to the greater of:

• two hundred fifty thousand U.S. dollars (USD $250,000); or
• two times (2x) the amounts paid to Fermi in the twelve months preceding the claim under the applicable agreement.

9.5 Excluded from Cap

The caps in Section 9.3 and Section 9.4 do not apply to:

• Fermi's fraud or willful misconduct;
• Fermi's indemnification obligations for intellectual property infringement (where applicable);
• liability that cannot be excluded or limited under applicable law (including, in some jurisdictions, death or personal injury caused by negligence and gross negligence).

10. Governing Law & Dispute Resolution

The governing law and dispute-resolution forum that apply to you depend on which Fermi entity contracts with you under these Terms (see Section 1).

10.1 United States Users (Fermi AI Inc.)

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law principles, except that the arbitration agreement in this Section 10.1 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”).

Binding individual arbitration. You and Fermi agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Hearings shall be held in the U.S. county where you reside, by telephone or videoconference, or — at your election — in Santa Clara County, California. For claims under USD $25,000, the AAA’s procedures for documents-only or telephonic hearings shall apply unless you request an in-person hearing. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

Mass arbitration. The parties do not intend, agree, or expect that arbitrations under this Section 10.1 will proceed as mass arbitration. All claims must be filed and arbitrated individually.

10.2 India Users (Fermi AI Pvt Ltd)

These Terms are governed by Indian law. Disputes shall fall under the exclusive jurisdiction of courts in Bangalore, Karnataka.

10.3 European Union and United Kingdom Users (Fermi AI Pte. Ltd.)

These Terms are governed by Singapore law. Disputes shall be finally resolved by binding arbitration under the Singapore International Arbitration Centre (SIAC) Rules.

Nothing in this Section 10.3 limits any non-waivable rights of EU or UK consumers under applicable law.

10.4 Singapore and Rest of World Users (Fermi AI Pte. Ltd.)

These Terms are governed by Singapore law. Disputes shall be finally resolved by binding arbitration under the Singapore International Arbitration Centre (SIAC) Rules.

10.5 Class Action Waiver

To the extent permitted by applicable law, you and Fermi each agree that any dispute will be brought only in your or Fermi's individual capacity, and not as a plaintiff or class member in any purported class, representative, or collective proceeding. The arbitrator may not consolidate more than one party's claims or preside over any form of representative or class proceeding.

10.6 Arbitration Opt-Out (U.S. Users)

If you are a U.S. user, you may opt out of the binding individual arbitration in Section 10.1 by sending written notice to compliance@fermi.ai within thirty (30) days of first accepting these Terms. The notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms, including the class action waiver in Section 10.5 and the choice of California law.

10.7 Carve-outs (apply to all regions)

Notwithstanding Sections 10.1 through 10.5:

• Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
• Either party may bring a claim in small-claims court (where available) for claims that fall within that court's jurisdiction.
• Nothing in these Terms requires arbitration of, or otherwise limits, any claim that cannot be subject to arbitration under applicable law.

10.8 Minors

For minors, the parent or legal guardian is the contracting party (see Section 1.1) and the arbitration, class action waiver, and forum-selection clauses in this Section 10 apply against the parent or legal guardian to the fullest extent permitted by applicable law.

11. Indemnification

11.1 Your Indemnification of Fermi

You agree to indemnify, defend, and hold harmless Fermi and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of, or access to, the Services in violation of these Terms; (b) your content or submissions; (c) your violation of any applicable law or regulation; or (d) your infringement of any third party's rights, including intellectual property, privacy, or publicity rights.

11.2 Fermi's Indemnification of You

Fermi will indemnify, defend, and hold you harmless from third-party claims that the Services, as provided by Fermi and used in accordance with these Terms, infringe such third party's U.S. (or other applicable jurisdiction) patent, copyright, or trademark rights. Fermi's indemnification obligation does not apply to claims arising from: (a) your modifications to the Services; (b) combination of the Services with non-Fermi products or content; (c) your use of the Services in violation of these Terms; or (d) content you submit or upload.

11.3 Procedure

The party seeking indemnification shall: (a) promptly notify the indemnifying party of the claim; (b) allow the indemnifying party to control the defense and settlement of the claim; and (c) provide reasonable cooperation. Failure to provide prompt notice does not relieve the indemnifying party except to the extent it is prejudiced by the delay. Indemnification obligations may be modified by a School Agreement (see Section 2.4).

12. Mobile App Store Terms

If you access the Services through Apple's App Store or Google Play (each, an "App Store"), the following additional terms apply.

12.1 Acknowledgment

These Terms are between you and Fermi only, and not with the App Store provider. The App Store provider is not responsible for the Services or their content.

12.2 Scope of License

The license granted to you to use the Fermi mobile application is limited to a non-transferable license to use the application on devices you own or control, and as permitted by the App Store's usage rules.

12.3 Maintenance and Support

Fermi is solely responsible for providing maintenance and support for the mobile application. The App Store provider has no obligation to furnish maintenance or support.

12.4 Warranty

To the maximum extent permitted by applicable law, the App Store provider has no warranty obligation with respect to the mobile application. Any claims, losses, liabilities, damages, costs, or expenses attributable to a failure of the mobile application to conform to any warranty are Fermi's sole responsibility.

12.5 Product Claims

Fermi (and not the App Store provider) is responsible for addressing any claims by you or a third party relating to the mobile application or your possession or use of it, including: (a) product liability claims; (b) any claim that the mobile application fails to conform to applicable legal or regulatory requirements; or (c) claims arising under consumer protection or similar legislation.

12.6 Intellectual Property Claims

In the event of any third-party claim that the mobile application infringes that third party's intellectual property rights, Fermi (and not the App Store provider) is solely responsible for the investigation, defense, settlement, and discharge of any such claim.

12.7 Third-Party Beneficiary

You acknowledge that Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms with respect to your use of Fermi's iOS application, and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

13. DMCA Notice and Takedown

Fermi respects the intellectual property rights of others and complies with the U.S. Digital Millennium Copyright Act (DMCA, 17 U.S.C. Section 512).

13.1 Notification of Claimed Infringement

If you believe that content available on the Services infringes your copyright, you may submit a written notification to our Designated Agent that includes:

• A physical or electronic signature of the copyright owner or authorized representative;
• Identification of the copyrighted work claimed to be infringed;
• Identification of the material claimed to be infringing, with information sufficient to locate it;
• Your contact information (address, phone, email);
• A statement that you have a good-faith belief that the use is not authorized; and
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

13.2 Designated Agent

Notifications should be sent to our DMCA Designated Agent:

13.3 Counter-Notification

If you believe content was removed in error, you may submit a counter-notification to our Designated Agent under 17 U.S.C. Section 512(g).

13.4 Repeat Infringer Policy

Fermi will terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers.

14. General Provisions

14.1 Updates

Fermi may revise these Terms from time to time. We will notify you of material changes by email (to the address associated with your account) and by posting a notice within the Services or on fermi.ai at least thirty (30) days before the effective date. For changes that materially affect under-13 users, we will obtain affirmative consent from the parent or legal guardian where required by COPPA or other applicable law. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.3 Entire Agreement

These Terms, together with our Privacy Policy and any School Agreement (where applicable), constitute the entire agreement between you and Fermi regarding the Services and supersede all prior agreements.

14.4 No Waiver

Failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14.5 Assignment

You may not assign or transfer these Terms or any rights hereunder without Fermi's prior written consent. Fermi may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

Fermi is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, terrorism, riots, government action, internet or telecommunications outages, pandemics, or other force majeure events.

14.7 Headings

Section headings are for convenience only and do not affect interpretation.

15. Contact Information

Privacy and data protection inquiries

• Privacy Contact: compliance@fermi.ai
• Data Protection: compliance@fermi.ai

India Grievance Officer (per IT Rules 2021)

EU, UK, and Switzerland Representative

General inquiries

info@fermi.ai

Legal Entities

The Fermi entity that contracts with you depends on your country of residence (see Section 1).

• United States: Fermi AI Inc. (Delaware, USA)
  809 Cuesta Dr, Suite B PMB 1203, Mountain View, CA 94040, United States
• Singapore (parent entity; contracting party for users outside the United States, India, EU, and UK): Fermi AI Pte. Ltd.
  160 Robinson Road, #20-03, SBF Centre, Singapore 068914
• India: Fermi AI Pvt Ltd
  15th Main Rd, Sector 4, HSR Layout, Bengaluru, Karnataka 560102, India