Terms of Service

The better-ed platform (the “Service”) is operated by the better-ed group of companies:

• Predictive Systems, Inc.— a corporation organised under the laws of the Republic of the Philippines, with registered office at Unit 3006, One Corporate Centre, Julia Vargas Avenue, Ortigas Center, Pasig City, Metro Manila (“Predictive Systems” or “PSI”).
• Better Oy— a limited liability company organised under the laws of Finland, with registered office at Lapinlahdenkatu 16, 00180 Helsinki (“Better Oy”).

The contracting entity for your use of the Service depends on the jurisdiction of your school, municipality, or organisation:

“we,” “our,” and “us” refer to the applicable contracting entity above. “you” refers to the individual or institution accepting these Terms.

By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.

better-ed is a voice-enabled AI assessment platform for K-12 education. The Service includes:

• Voice recording and transcription tools for student assessment;
• AI-generated analysis of student responses as a decision-support output for educators;
• Performance reporting and dashboards;
• Educational content management and delivery;
• Teacher administration and student progress monitoring.

To use the Service you must create an account. You agree to:

• Provide accurate, current, and complete information;
• Keep your account information up to date;
• Maintain the security of your password and account;
• Accept responsibility for activities under your account;
• Notify us immediately of any unauthorised use.

Accounts for individuals under the digital-consent age applicable in their jurisdiction (see §9) require parental or institutional consent.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any illegal or unauthorised purpose;
• Attempt to gain unauthorised access to our systems or to other users’ accounts;
• Interfere with or disrupt the Service;
• Upload, transmit, or generate harmful, offensive, or inappropriate content;
• Violate any applicable laws or regulations;
• Use automated systems to access the Service without permission;
• Reverse engineer, decompile, or disassemble the Service;
• Use AI outputs from the Service for manipulative marketing, persuasion, profiling, or any non-educational purpose targeted at students;
• Use the Service in any way that the Service is not approved for under the institution’s policy (for example, requiring an individual student to use the Service outside an institutional roll-out).

The Service and its content, features, and functionality are owned by Predictive Systems, Inc. and its licensors, and are protected by international copyright, trademark, patent, trade secret, and other intellectual-property laws.

You retain ownership of the content you create or upload. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, and transmit such content solely as necessary to provide the Service to you and on your or the controlling institution’s documented instructions. We do not acquire any rights in pupil data beyond what is needed to provide the Service.

Personal data processed through the Service is governed by:

• The Privacy Policy at better-ed.ai/privacy, incorporated into these Terms;
• For institutional customers, the Data Processing Agreement (DPA) (available on request at privacy@better-ed.ai), which incorporates Commission Implementing Decision (EU) 2021/915 (controller-to-processor Article 28 clauses) and Commission Implementing Decision (EU) 2021/914 Module 3 (processor-to-processor SCCs) for our sub-processing arrangement between Better Oy and Predictive Systems, Inc.

In the controller/processor model that applies to institutional use of the Service, the school, municipality, or institution is the data controller for pupil and teacher personal data. Better Oy is the processor, and Predictive Systems, Inc. is a sub-processor. We do not determine the purposes and means of processing pupil data; we process only on documented instructions from the institution.

We commit to:

• Monitoring our AI models for fairness and reducing algorithmic bias, including a documented bias-monitoring programme aligned with NPC Advisory 2024-04 (Philippines) and applicable EU AI Act risk-management obligations;
• Maintaining documentation of model selection, training data sources, decision logs, and prompt configurations;
• Supporting our institutional customers’ Data Protection Impact Assessments (DPIAs) and providing audit records on request;
• Performing regular algorithmic and security audits;
• Providing educators and pupils with documentation and training materials about AI behaviour, limits, and responsible use;
• Operating an appeal mechanism for pupils or parents who wish to contest an AI-generated assessment outcome (routed via the institution; see Privacy Policy §6).

better-ed processes AI-generated assessment outputs that we classify as high-riskunder both the EU AI Act risk framework (as imported by DepEd Order No. 003, s. 2026, Principle 4) and DepEd Order No. 003 Annex B (“Learners”). We apply the corresponding controls — including human-in-the-loop, audit logging, transparency notices, the appeal mechanism in §7, and the age-gating in §9.

The Service is designed for educational use, and is offered subject to the following jurisdiction-specific rules:

We strive for high availability but do not guarantee uninterrupted access. We may modify, suspend, or discontinue the Service or any feature at any time. Material changes affecting institutional customers are governed by the change-control clause of the DPA.

Where applicable, fees and subscription terms are set out in the order form or master subscription agreement between you and us. Free trials and pilot programmes do not include a parent- or pupil-direct sign-up route in the EU/EEA.

To the maximum extent permitted by law:

• Our aggregate liability under or in connection with these Terms is capped at the fees paid or payable by you to us in the twelve (12) months preceding the event giving rise to the claim, or, where no fees have been paid, EUR 1,000 / USD 1,000 / PHP 50,000 (whichever applies to the contracting entity);
• We are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, use, goodwill, or other intangible losses;
• The cap and exclusions above do not apply to:(a) liability for fraud or wilful misconduct; (b) liability that cannot be limited or excluded under applicable law; (c) liability for personal injury or death; (d) breach of our data-protection obligations under the DPA; (e) infringement of the other party’s intellectual property rights; (f) payment obligations.

This clause is subject to any applicable mandatory consumer-protection or public-procurement rules in your jurisdiction.

You agree to defend, indemnify, and hold us harmless from claims arising from your breach of these Terms or your unlawful use of the Service. This indemnity does not apply to the extent that applicable law (including public-procurement, sovereign-immunity, or governmental-body indemnity restrictions in your jurisdiction) prohibits or limits indemnification by your institution.

We may terminate or suspend your account for material breach of these Terms or where required by law. Upon termination, your right to use the Service ends. Data return, retention, and deletion on termination are governed by the DPA for institutional customers and by §11 of the Privacy Policy for individual users.

Governing law and venue depend on the contracting entity under §1:

For institutional customers, the master agreement and DPA control over this clause where they specify a different forum.

We may modify these Terms. Material changes are notified by:

• Posting the revised Terms at this URL and updating the “Last materially updated” date;
• For institutional customers, written notice to the account administrator at least 30 days in advance.

Modifications to the DPA require written amendment per the DPA’s own change-control clause. Continued use of the Service after the effective date of a non-material change constitutes acceptance.

• Entire agreement: these Terms, the Privacy Policy, the DPA (for institutional customers), and any executed order form constitute the entire agreement between you and us.
• Assignment: you may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Severability: if any provision is held unenforceable, the remainder remains in effect.
• No waiver: failure to enforce a provision is not a waiver.
• Force majeure: neither party is liable for failure to perform due to causes beyond reasonable control.

Privacy and legal inquiries: privacy@better-ed.ai (data protection, GDPR, COPPA, DSARs) | legal@better-ed.ai (legal or contractual matters)

Predictive Systems, Inc.
Unit 3006, One Corporate Centre
Julia Vargas Avenue, Ortigas Center
Pasig City, Metro Manila, Philippines

Better Oy (EU/EEA contracting entity, post-registration; current Article 27 representative: Allan C. Tan)
Lapinlahdenkatu 16
00180 Helsinki, Finland

Data Protection Officer: Allan C. Tan, privacy@better-ed.ai