Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Kernex LLC (“Kernex,” “we,” “us,” or “our”), a Michigan limited liability company with its principal place of business at 325 E. Grand River Avenue, Suite 345, East Lansing, Michigan 48823, governing your access to and use of our websites, software-as-a-service platform, and all related applications, tools, and services (collectively, the “Services”), including without limitation our browser-based development environment (“KernexLab” or “IDE”), automated grading and feedback systems (“KGrader”), academic integrity and plagiarism detection services (“KernexCheck”), and collaborative help-room and learning management system–integrated features (“HelpRoom”). By accessing or using the Services, or by clicking to accept these Terms where presented, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization (e.g., an educational institution), you represent that you have authority to bind that organization. If you do not agree to these Terms, you must not access or use the Services. If you or your Institution has a separate written agreement with Kernex for the Services, the terms of that agreement prevail over these Terms to the extent of any conflict.

1. Eligibility and Account Registration

You must be at least 13 years of age (or the minimum age in your jurisdiction to consent to these Terms) and not prohibited from using the Services under applicable law. Your right to use the Services may depend on having a valid subscription or license where your Institution has one. Access may be provided to you by an educational institution (“Institution”) under a separate agreement between Kernex and the Institution. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You may use your account only for yourself and must not share your account or credentials with others. You are responsible for keeping your account credentials confidential and for all activities that occur under your account. You must notify us promptly of any unauthorized use of your account or any loss, theft, or suspected misuse of your credentials.

2. Description of Services and Modifications

Kernex provides an integrated platform for computer science education, including a browser-based IDE, automated grading and feedback (including AI-assisted grading), academic integrity and plagiarism detection, and collaborative help-room functionality, which may be integrated with third-party learning management systems (“LMS”) or other institutional systems. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and we will not be liable to you or any third party for any modification, suspension, or discontinuation. We may also impose limits on certain features or restrict access to parts of the Services. We will give you reasonable notice of material changes to the Services where practicable. Support may be provided as described in your plan or in our agreement with your Institution. Continued use of the Services after changes constitutes acceptance of the revised Terms where applicable.

3. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms and any applicable institutional policies. You must not: (a) violate any applicable law, regulation, or third-party right; (b) use the Services to cheat, circumvent academic integrity measures, or assist others in doing so; (c) upload, transmit, or distribute malware, harmful code, or content that could damage or disrupt the Services or others’ systems; (d) attempt to gain unauthorized access to the Services, other accounts, or our or our providers’ systems or data; (e) harass, abuse, or harm another user or any person; (f) use the Services for any commercial purpose not expressly permitted by us or your Institution; (g) scrape, crawl, or use automated means to access the Services except as we permit (e.g., through our documented APIs or other authorized integration methods); (h) use the Services in a way that disrupts or degrades the Services for others (e.g., excessive or abusive automated requests or bulk operations that we have not authorized); or (i) otherwise use the Services in a manner that we reasonably determine to be abusive, fraudulent, or harmful. We may investigate suspected violations and cooperate with law enforcement and Institutions. We may take steps we reasonably consider necessary to stop a violation or to prevent harm to the Services or others, including suspending or terminating your access, with or without prior notice. You are responsible for any harm or loss resulting from your breach of these Terms. We may report suspected illegal activity to the appropriate authorities and are not liable to you for any consequences of such reporting.

4. Intellectual Property and Licenses

4.1 Our Rights. The Services, including all software, design, text, graphics, logos, and other content (excluding User Content), and all intellectual property rights therein, are owned by Kernex or our licensors. The Kernex name, logo, and related marks are our trademarks. You may not use our trademarks or branding without our prior written consent. You receive no right, title, or interest in the Services except the limited right to use them in accordance with these Terms.

4.2 Your Content. You retain ownership of code, submissions, and other content you create or upload through the Services (“User Content”). You are responsible for the accuracy and lawfulness of the content you add to the Services. By submitting User Content, you grant Kernex a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers and to Institutions as necessary to provide the Services), and transferable license to use, reproduce, modify (e.g., for formatting or technical processing), display, perform, and distribute your User Content solely as necessary to provide, operate, and improve the Services (including grading, feedback, academic integrity checks, and support). This license continues for a reasonable period after you cease using the Services to the extent necessary for us to fulfill our legal and contractual obligations (e.g., to Institutions). You represent that you have all rights necessary to grant this license and that your User Content does not violate these Terms or any third-party right.

4.3 Feedback. If you provide suggestions, ideas, or feedback regarding the Services, you grant Kernex a perpetual, irrevocable, royalty-free right to use such feedback for any purpose without obligation to you.

5. Privacy and Data

We process personal data only as needed to provide the Services and as described in our Privacy Policy, which applies to your use of the Services. By using the Services, you consent to such collection and use. Where your access is provided through an Institution, we may process personal data as a processor or service provider under our agreement with the Institution and applicable law (including FERPA and GDPR where applicable).

6. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT OR FEEDBACK PROVIDED THROUGH THE SERVICES (INCLUDING AI-GENERATED OR AUTOMATED GRADING OUTPUT). YOU USE THE SERVICES AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH CASES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT REQUIRED BY LAW.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KERNEX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. Indemnification

You agree to indemnify, defend, and hold harmless Kernex and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content or your violation of any third-party right; (c) your violation of these Terms or applicable law; or (d) any dispute between you and a third party (including another user or an Institution) in connection with the Services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

9. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms. Where your access is provided through an Institution, we may also suspend or terminate in accordance with our agreement with the Institution. Upon termination, your right to use the Services ceases immediately. Where feasible and in line with our agreements and applicable law, we may offer you an export of your data in a format we support; we do not guarantee export in all circumstances and are not obligated to refund any fees already paid. Sections that by their nature should survive (including Sections 4, 6, 7, 8, 10, and 11) will survive termination.

10. Governing Law and Disputes

These Terms are governed by the laws of the State of Michigan, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Ingham County, Michigan, and you consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are an Institution or are bound by a separate written agreement with Kernex, that agreement may specify different governing law or dispute resolution procedures, which will control to the extent of any conflict with these Terms.

11. General

These Terms, together with our Privacy Policy and any other policies or guidelines we post on the Services, constitute the entire agreement between you and Kernex regarding the Services and supersede any prior agreements. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect. You may not assign or transfer these Terms or your account without our prior written consent; we may assign these Terms without restriction. Nothing in these Terms creates any partnership, joint venture, or agency relationship between you and Kernex.

12. Contact

For questions about these Terms, contact us at: Kernex LLC, 325 E. Grand River Avenue, Suite 345, East Lansing, Michigan 48823; email: support@kernex.org; website: kernex.org.