All Rights Reserved. Copyright © 2024 'Tupai' and 'Tupai.ai' are brands of AI Teacher Sdn. Bhd.
202301029300 (1523223-M)
AI Teacher Sdn Bhd ("AI Teacher," "we," "us," or "our") is the owner and operator of www.tupai.ai ("Website") which provides products and services for teaching students ("Services").
THESE TERMS OF SERVICE ("TERMS") GOVERN YOUR USE OF OUR WEBSITE AND SERVICES. PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING, ACCESSING, BROWSING, OR USING THE WEBSITE AND SERVICES, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD, AND AGREED TO COMPLY WITH AND BE BOUND BY THESE TERMS AND THE AI TEACHER PRIVACY POLICY.
You hereby confirm that you are a student or a parent/guardian of a student. A guardian is means any person/s having legal responsibility for a child or person/s sponsoring a child. As a parent/guardian of a student below 18 years of age, you hereby agree to these Terms and subject thereto, you hereby authorise and allow your child to use the Website and Services. As a student, you hereby confirm that you have obtained parental/guardian consent to use the Services subject to these Terms. You also confirm that you haven't been suspended, blocked, removed or barred in any way from using the Website and Services by AI Teacher.
There will be two (2) different payment options that you may elect:
You may elect to open one of 2 different types of accounts or both as follows:
the Student User Account and the Parent User Account shall hereinafter be collectively referred to as the "User Accounts" and each, a "User Account".
To use certain features, you must register for a User Account and accept these Terms herein. You are responsible for your User Account and password confidentiality and for all activities undertaken using them. You hereby agree that all information that you have provided is true and accurate, and you agree that you will at all times, keep such information up-to-date. If your User Account's security is compromised (e.g., loss or theft of credentials), you will notify AI Teacher at [email protected] immediately, failing which you may be held liable for any resulting losses incurred by AI Teacher or others due to any unauthorized use of your User Account.
AI Teacher may allow you to register using third-party services like TikTok, Facebook, or Google ('Authentication Service'). By doing so, you hereby unconditionally consent to AI Teacher accessing, storing, and using information from your Authentication Service account, as outlined in our Privacy Policy. You can revoke this access anytime by updating your settings on the respective Authentication Service. You should review the privacy policies and terms of these Authentication Services as AI Teacher does not control their practices.
As a parent or legal guardian, you can register a parent account ('Parent User Account') to manage your child’s Student User Account. 'Parental consent' means you authorize your child’s registration. By registering or approving your child as a Student User, you confirm that you are their parent or legal guardian and agree to these Terms on their behalf, including taking full responsibility for their use of the Services. You must educate your child on responsible use, monitor their access, and be accountable for their actions. AI Teacher may verify registration details and take legal action if false information is provided. However, AI Teacher is not obligated to verify the identity of any user, including Parent Users. AI Teacher has absolute discretion to terminate a Parent User Account or a Student User Account at any time if these Terms are violated.
Your privacy is important to us. Please read the AI Teacher Privacy Policy for details on how we collect, use, and disclose your personal information. It also explains how you can view, update, correct, or delete your account and personal information.
The Services let Student Users and Parent Users (collectively, "Users") provide input ('Input') in a conversation with AI Teacher’s system, which generates output ('Output'), collectively known as 'AI Dialogue.' AI Teacher may review and remove any AI Dialogue that violates the Prohibited Conduct terms and may restrict access to the Services for non-compliance with the Terms. You are responsible for ensuring your Input does not infringe others' intellectual property rights. AI Teacher may use AI Dialogue for analytics, benchmarking, and service improvement, and retains ownership of data derived from these uses.
The Website, its related software, the AI Dialogue are the intellectual property of and are owned by AI Teacher. The structure, organisation and code of the Website, its related software, the AI Dialogue contain valuable trade secrets and confidential information of AI Teacher. Except as expressly stated herein, these Terms do not grant you any intellectual property rights whatsoever in the Website, its related software, the AI Dialogue and all rights are reserved by AI Teacher. Any form, database, templates or software that is altered, conceived, made or developed in whole or in part by AI Teacher (including any generated by you jointly with AI Teacher) during or as a result of the Services provided shall become and remain the sole and exclusive property of AI Teacher. You agree that you have no claim In the rights or ownership of any such form, database, templates or software.
Without prejudice to Section 3.1 above, you grant AI Teacher a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your AI Dialogue, user-generated and performance data in any media format or channel, consistent with applicable law and our Privacy Policy. This license is perpetual and irrevocable, except as required by privacy laws regarding your personal information.
The Services may allow you to download digital educational content ('Downloadable Content'). If you comply with these Terms, AI Teacher grants you a limited, non-exclusive, non-transferable, revocable license to download, view, print, and use the Downloadable Content for personal, non-commercial use. You must not remove any copyright or proprietary notices from the content or its copies nor make copies of such Downloadable Content for distribution, circulation or for sale to third parties.
We welcome your feedback on our Services and Betas (as defined in Section 10.4). By submitting suggestions or feedback, you agree that we may use and share it without compensation. You may report errors, suggest improvements, and provide other insights related to our Services and Betas. We may request feedback from you through surveys, interviews, or other methods, but participation is optional. You acknowledge that your feedback is provided without compensation and grant us a royalty-free, worldwide, irrevocable, and perpetual license to use it for developing new features in our Services.
The Website and Services are owned and operated by AI Teacher. All visual interfaces, graphics, designs, code, software, services, content, educational materials, and other elements of the Website and Services (“Proprietary Content”) are protected by Malaysian and international intellectual property laws. Except as otherwise stated in Section 6, all Proprietary Content, including trademarks, service marks, and trade names, is owned by or licensed to AI Teacher. AI Teacher retains all rights not expressly granted in these Terms.
AI Teacher may offer educational videos, exercises, and supplementary materials on the Services (“Licensed Content”), owned by AI Teacher or its third-party licensors. AI Teacher grants you a non-exclusive, non-transferable right to access and use the Licensed Content for personal, non-commercial purposes only. Unless otherwise stated, you may not download, distribute, sell, lease, modify, or share the Licensed Content with any third party.
You agree not to:
The Services may include links to third-party sites for your convenience. AI Teacher does not endorse these sites or their content, products, or services. Your access and use of third-party sites are entirely at your own risk.
These Terms remain in effect while you use the Services unless your User Account is terminated, after which you lose the right to use the Services.
AI Teacher may, at its sole discretion and without penalty, restrict, suspend, or terminate your User Account or access to the Services at any time, with or without notice. AI Teacher may also remove any part of your User Account, User profile, or AI Dialogue. Additionally, AI Teacher may discontinue providing access to the Services, or any part thereof, at any time. You agree that such actions may occur without prior notice, and AI Teacher will not be liable for the consequences of any such termination. Any suspected fraudulent, abusive, or illegal activity may be reported to law enforcement. These remedies are in addition to any others available to AI Teacher at law. AI Teacher does not allow infringement of intellectual property and will terminate access to the Services for such violations.
If you are dissatisfied with the Services, these Terms, AI Teacher's policies, or any content, you may terminate your User Account with no less than 7 days' written notice. Thereafter, you can delete your User Account and discontinue use of the Services.
As a Parent User, you can terminate your child's Student User Account by contacting our customer support team at [email protected]. We may need to verify your identity before taking action.
Terminating a User Account does not limit AI Teacher’s rights or remedies for any prior breaches of these Terms.
You hereby confirm that you are not an undischarged bankrupt.
You warrant and agree not to use the Services in a way that:
You also confirm that you have the necessary rights to provide your content and grant the rights described in these Terms, and that you will comply with all Applicable Laws in your use of the Services.
You agree to indemnify, defend, and hold harmless AI Teacher, its directors, officers, employees, its affiliates, contractors, and partners (collectively, “AI Teacher Parties”) from all losses, damages, liabilities, costs (including legal fees), and expenses suffered by AI Teacher Parties, including those arising from any third-party claims as a result of or in connection with:
AI Teacher may defend itself against claims brought by any third party in legal proceedings instituted against AI Teacher, arising as a result of any of your breaches above, and at your expense, and AI Teacher may rely on your indemnity above to fully compensate itself for all costs and expenses incurred in connection with such defence , and you agree to cooperate with this defence. You may not settle any claim without AI Teacher’s prior written consent. AI Teacher will make reasonable efforts to notify you of any claims, actions, or proceedings.
The Website, and all data, information, software, Website materials, content (whether owned or licensed), user content, reference sites, services, or applications made available in conjunction with or through the website ("AI Teacher offerings"), are provided on an “as is where is,” “as available,” and “with all faults” basis. To the fullest extent permissible pursuant to applicable law, the AI Teacher Parties disclaim any and all responsibility and liability, make no representations and give no warranties of any kind, whether statutory, express or implied, including disclaiming (but not limited to), all implied warranties of the merchantability, quality, availability, quiet enjoyment, fitness for a particular purpose, title, and non-infringement of the Services. No advice or information, whether oral or written, obtained by you from AI Teacher or through the Website will create any warranty not expressly stated herein.
AI Teacher, and the AI Teacher Parties, do not warrant that the Website or any data, user content, functions, or any other information offered on or through the Website will be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected immediately.
AI Teacher and the AI Teacher Parties make no representation or warranty that (1) the AI Teacher offerings will (a) meet your requirements or expectations, or be suitable for your child, or (b) will be accurate, free from errors, or uninterrupted, (2) that the Services are free from viruses or other harmful components, or (3) that any defects or errors will be corrected immediately. Some features may be new or experimental and may not have been tested in any manner.
Although every effort will be made to ensure that the Services are free of errors and are accurate and correct, you acknowledge and agree that output from AI Teacher Services may include inadvertent errors, may reflect certain biases, inaccuracies or other limitations and may not account for events or changes to underlying facts occurring after the AI model was trained.
You understand and agree that accessing, downloading, or obtaining content through the Website is at your own risk, and you are solely responsible for any damage to your property or loss of data that may result.
Under no circumstances, including negligence, will AI Teacher or the AI Teacher Parties be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages, such as lost business, revenues, profits, or data, even if advised of the possibility. This applies to (i) the Terms, (ii) your use or inability to use the Website or AI Teacher offerings, or (iii) interactions with AI Teacher or third parties. Where applicable law does not allow such limitations, AI Teacher’s liability will be limited to the fullest extent permitted by law.
AI Teacher’s total liability to you for all damages, losses, and causes of action related to the Terms, your use of the Website, or interactions with other users (whether in contract, tort, warranty, or otherwise) will be the greater of (i) the amount you paid for access in the twelve months before the claim and (ii) RM100.
AI Teacher may provide notices, including changes to the Terms, via the Services, email, chat (e.g., WhatsApp), or other reasonable means. Notices are deemed given 24 hours after the email is sent, or 3 days if the email address is invalid. Notices posted on the Services are deemed given 30 days after posting. Notices to AI Teacher should be sent to [email protected].
AI Teacher’s failure to enforce any right or provision of the Terms does not amount to acquiescence of a breach nor a waiver of that right or provision. Waivers are effective only if in writing and signed by AI Teacher.
The Terms will be governed by and interpreted according to Malaysian law, excluding any conflict-of-law principles that would apply other jurisdictions' laws.
Any disputes arising from these Terms shall be resolved through negotiation between the parties. If no resolution can be reached after 30 days, the dispute will be referred to mediation in accordance with Malaysian mediation rules. If mediation fails, the dispute will be finally resolved through arbitration in accordance with Malaysian arbitration rules. The arbitration will be conducted by a single arbitrator appointed by mutual agreement or by the President of the Malaysia Arbitration Association.
If any provision of the Terms is found to be unlawful or unenforceable, it will be severed from the rest of the Terms, but the remaining provisions will remain valid and enforceable.
You may not transfer any obligations nor assign any rights under the Terms or grant any licences without AI Teacher’s prior written consent. AI Teacher may assign its rights with notice to yourself. Any unauthorized assignment by you shall be void.
Upon termination of the Terms, the provisions that will survive include Sections 2 (Privacy Policy), 4.1 (Proprietary Content), 5 (Prohibited Conduct), 9 (Indemnification), 10 (Disclaimers), 11 (Limitation of Liability & Damages) and 12 (Miscellaneous)
AI Teacher may change the Terms at any time. Check the Terms periodically for updates. Continued use of the Services after changes constitutes acceptance. For significant changes, AI Teacher will try to notify you via your preferred communication channel or a notice on the Services. If you do not agree to the modified Terms, discontinue use of the Services.
The Terms and AI Privacy Policy constitute the entire agreement between you and AI Teacher. They can only be modified by changes made by AI Teacher as per Section 12.8.
All Rights Reserved. Copyright © 2024 'Tupai' and 'Tupai.ai' are brands of AI Teacher Sdn. Bhd.
202301029300 (1523223-M)