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Users who interact with AI-enabled features such as Khanmigo grant Khan Academy a worldwide, irrevocable, royalty-free, sublicensable license to use, modify, distribute, and create derivative works from their inputs and the AI-generated outputs for purposes including service delivery, evaluation of service providers, and development and improvement of Khan Academy's services.
This analysis describes what Khan Academy's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a broad license over AI Content, defined as both user inputs and AI-generated outputs, that is irrevocable and extends to service improvement and third-party service provider evaluation. For educational institutions, this license may require assessment under FERPA if AI interactions involve or contain student education records.
Interpretive note: The practical scope of the license is constrained by reference to Applicable Law and Khan Academy's Privacy Policy, but the interaction between this license and FERPA's education records protections depends on how AI interactions are classified by the institution and Khan Academy in specific deployment contexts.
Under this clause, any content submitted to or received from Khan Academy's AI features, including tutoring conversations, is licensed to Khan Academy on a perpetual, irrevocable basis for use in service development and third-party provider evaluation. The agreement states this license operates in accordance with Applicable Law and Khan Academy's Privacy Policy, which provides the primary constraint on its scope.
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"Without limiting our rights otherwise set forth in these Terms, by using the AI-Enabled Features, you hereby grant us a worldwide, non-exclusive, irrevocable, transferable, assignable, royalty-free, fully paid-up, sub-licensable (through multiple-tiers) license to access, use, modify, display, publicly perform, distribute, copy, create derivatives from (including derivative works of) and process any and all Inputs and Outputs (including any intellectual property contained therein or embodied thereby) to provide our Services to you and your authorized to evaluate service provider offerings we use or could use to provide AI-Enabled Features, and to develop and improve our Services in accordance with Applicable Law and Khan Academy's Privacy Policy.Excerpt from Khan Academy's Terms of Service
1) REGULATORY LANDSCAPE: This provision implicates FERPA (enforced by the U.S. Department of Education) to the extent AI inputs and outputs constitute or contain education records, as FERPA restricts secondary use and redisclosure of education records without consent or a recognized exception. COPPA (enforced by the FTC) applies to AI Content generated by child users under 13. GDPR applies to EU user data. The license's extension to developing and improving services and evaluating third-party providers may engage data minimization and purpose limitation principles under GDPR and may require evaluation against FERPA's restrictions on use of student records. 2) GOVERNANCE EXPOSURE: High for educational institutions. The irrevocable, sublicensable nature of the license over AI inputs and outputs creates material compliance exposure for institutions that have enabled student access to Khanmigo or other AI-enabled features, where those interactions may qualify as FERPA-protected education records. 3) JURISDICTION FLAGS: EU and UK users are subject to GDPR data minimization and purpose limitation requirements, which may constrain how this license operates in practice for those users. California users may have rights under CCPA regarding personal information embedded in AI Content. Institutions in states with specific student data privacy statutes (such as New York Education Law 2-d or the California Student Privacy Alliance framework) should evaluate whether this license is compatible with those requirements. 4) CONTRACT AND VENDOR IMPLICATIONS: Institutions procuring Khan Academy services should assess whether District Agreements or supplemental written agreements modify the scope of this AI Content license as it applies to student-generated content. The license's extension to evaluating service provider offerings implies potential disclosure of AI Content to third parties, which procurement teams should verify against data processing addenda and vendor assessment frameworks. 5) COMPLIANCE CONSIDERATIONS: Institutions should conduct data mapping to identify whether student AI interactions with Khanmigo qualify as education records under FERPA and, if so, whether the license grant in Section 6.2 is consistent with FERPA's consent requirements. Consent mechanism audits should confirm that parental consent obtained for school accounts addresses AI Content licensing. Privacy policy reviews should confirm alignment between the stated constraints (Applicable Law and Khan Academy's Privacy Policy) and the institution's data governance obligations.
Regulatory citations, enforcement risk, and due diligence action items.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
This provision establishes a broad license over AI Content, defined as both user inputs and AI-generated outputs, that is irrevocable and extends to service improvement and third-party service provider evaluation. For educational institutions, this license may require assessment under FERPA if AI interactions involve or contain student education records.
Under this clause, any content submitted to or received from Khan Academy's AI features, including tutoring conversations, is licensed to Khan Academy on a perpetual, irrevocable basis for use in service development and third-party provider evaluation. The agreement states this license operates in accordance with Applicable Law and Khan Academy's Privacy Policy, which provides the primary constraint on its scope.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Khan Academy.