CreativeTrail College (13+) Terms of Service

1. Eligibility and acceptance

CreativeTrail College/General Mode is available to users age 13 and older, subject to applicable law and any requirements or policies of the user's educational institution. A student must attest that they are 13 or older before account creation or access to the student workspace. College/General Mode is intended for individual, general, and postsecondary use; K–12 schools and districts seeking institution-administered use should use CreativeTrail's High School/K–12 offering. The distinction is based primarily on deployment context, not solely on whether a user is under 18. By creating an account, accessing the service, or participating in a pilot, you agree to these Terms and the College (13+) Privacy Policy. If you use the service for an institution, you represent that you are authorized to accept applicable terms for that institution or will obtain the required approval.

2. The service

CreativeTrail provides educational writing workflows that preserve revision history, present targeted reflection questions, and generate process-based writing evidence. The service is not a plagiarism detector, proctoring tool, legal adviser, or disciplinary decision-maker.

Writing-process information may help a student or instructor understand how a document developed. No single process event, process indicator, teacher-facing summary, or AI output is conclusive proof of academic misconduct, authorship, or unauthorized AI use. Institutions and instructors remain responsible for assessment, grading, accommodations, academic-integrity decisions, and compliance with their own policies.

3. Accounts and credentials

You must provide accurate account information, keep credentials secure, and promptly notify us of suspected unauthorized access. You may not share an account, circumvent access controls, impersonate another person, or attempt to obtain another user's data. We may suspend access reasonably necessary to protect users, the service, or an institution.

4. Student content and permissions

You retain rights you have in content you submit. You grant CreativeTrail a limited, non-exclusive right to host, process, transmit, display, and create service outputs from that content only as needed to operate, secure, support, and improve the service for you or the controlling institution.

For institution-sponsored use, the institution controls access to institution records and may configure the assignment or user roles. CreativeTrail processes those records as described in the applicable agreement and Privacy Policy.

5. Writing-process collection and AI features

College writing activities collect raw writing-process (keystroke-level) events inside the CreativeTrail workspace. This collection is described in the Privacy Policy presented during account creation.

Configured AI-assisted features may process limited relevant content to produce Socratic questions, ranking, analysis, or explanations. CreativeTrail uses Anthropic through a commercial API organization account whose terms do not permit provider training on CreativeTrail's submitted content. OpenAI is optional and disabled by default for college pilots; a separately approved and enabled OpenAI feature uses a commercial API organization account under the same no-training restriction. Commercial API providers may retain limited data, typically up to 30 days, for abuse monitoring. CreativeTrail does not use student content to train general-purpose AI models and does not operate a student-data research or model-improvement program. Do not submit content that you are not authorized to provide.

6. Acceptable use

You may use CreativeTrail only for lawful educational or authorized pilot purposes. You may not:

• interfere with or probe the service, circumvent security, scrape protected data, or reverse engineer except where law expressly permits it;
• upload malware, unlawful content, or content that violates another person's rights;
• use the service to make an automated high-stakes decision about a student without meaningful human review;
• misrepresent a process signal or generated output as conclusive evidence; or
• use another person's account, course data, writing, or process records without authorization.

7. CreativeTrail intellectual property

CreativeTrail and its licensors own the service, software, documentation, designs, and other materials excluding user content. Subject to these Terms, CreativeTrail grants users a limited, revocable, non-transferable right to access the service for its intended use. No rights are granted by implication.

8. Privacy and third-party services

Our data practices are described in the College (13+) Privacy Policy and, for institution-sponsored use, the applicable Data Processing Addendum. The service may integrate with third-party authentication, hosting, email, analytics, and AI providers. Their services may have separate terms; CreativeTrail remains responsible for its own obligations under an applicable institution agreement.

9. Availability and changes

We use commercially reasonable efforts to operate the service but do not guarantee uninterrupted or error-free availability. We may modify, maintain, suspend, or discontinue a feature when reasonably necessary for security, legal compliance, service integrity, or product operations. Material changes to an institution pilot are handled under the applicable agreement.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” CREATIVETRAIL DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CREATIVETRAIL DOES NOT WARRANT THAT A PROCESS INDICATOR, TEACHER-FACING SUMMARY, OR AI OUTPUT IS ACCURATE, COMPLETE, OR SUITABLE FOR A HIGH-STAKES OR DISCIPLINARY PURPOSE.

11. Limitation of liability

For individual users where no institution agreement applies, each party's aggregate liability arising out of or relating to these Terms will not exceed US $10,000. Neither party will be liable for indirect, incidental, special, consequential, punitive, or lost-profit damages, even if advised of their possibility. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. For a signed institution agreement, that agreement's liability terms control.

12. Termination

You may stop using the service at any time. An institution may end a pilot under its agreement. We may suspend or terminate access for a material breach, security risk, legal requirement, or misuse. On termination, data handling follows the College (13+) Privacy Policy, applicable DPA, and required legal retention.

13. Governing law and disputes

These Terms are governed by Delaware law, without regard to conflicts-of-law rules, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, subject to mandatory non-waivable consumer protections. A signed institution agreement controls its own governing-law and dispute terms.

14. Contact

Benton Growth Labs LLC d/b/a CreativeTrail
[email protected]
588 El Camino Real, Santa Clara, CA 95050, United States