Instructor Terms & Data Processing Agreement

Last updated: draft

1. Who this is for

These terms apply to instructors, teaching assistants, and other educators (“you”) who use AI Modes (“we,” “us”) to analyze and grade students' AI conversations. By creating an instructor account you agree to these terms on behalf of yourself and, where you have authority, your institution.

2. Roles under FERPA

For student education records you provide or generate through AI Modes, your institution is the educational agency/institution and the data controller, and AI Modes acts as a school official performing an institutional service under FERPA (34 CFR § 99.31(a)(1)) and as your data processor. We process student data only under your direction, only to provide the service, and we do not re-disclose it or use it for our own purposes.

You are responsible for having a legitimate educational interest in the data, for any notices or consents your institution requires, and for using AI Modes consistent with FERPA and your institution's policies. If you do not have authority to bind your institution, use AI Modes only for data you are personally authorized to handle, and involve your institution's privacy office before institutional use.

3. How we use student data

• We use student conversations, names, and emails only to score engagement, generate feedback, compute grades, and return results to you.
• We do not sell student data or use it for advertising.
• Conversations are sent to AI model providers for scoring. We require that these providers not train their models on your students' data. See our subprocessor list.
• We apply the minimum data needed. Ask your students not to paste sensitive personal information (e.g., government IDs, health, financial account numbers) into conversations.

4. Security

• Data is encrypted in transit (TLS) and at rest.
• We never store MyEducator or other LMS passwords. LMS access uses your own logged-in browser session.
• Access is scoped: you see only your own courses' students; students see only their own results.
• We keep audit logs of grading and administrative actions.

5. Retention & deletion

You may delete a course, an assignment, or a student's data at any time. On deletion we remove the associated records within a commercially reasonable period. On termination of your account, we delete or return student data at your request. Aggregate, de-identified statistics that cannot reasonably identify a student may be retained.

6. Student rights

Students may view their own results and request correction or deletion. You remain responsible for responding to education-record requests your institution receives; we will assist you in fulfilling them.

7. Scope & minors

AI Modes is intended for higher education (adult learners). It is not designed for K-12 or for children under 13, and you agree not to use it for such students without a separate written agreement addressing COPPA and applicable state laws.

8. Your responsibilities

• Provide accurate information and keep your account secure.
• Grade and share results consistent with your institution's academic and privacy policies.
• Obtain any student notice or consent your institution requires before analyzing conversations.

9. Disclaimers & changes

AI-generated scores and feedback are decision-support, not a substitute for your professional judgment; you are responsible for final grades. We may update these terms and will note material changes. Continued use after an update constitutes acceptance.

Questions? Contact us before relying on AI Modes for institutional data. See also our subprocessors.