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Khan Academy provides evaluation services including Beta features on an as-is basis, disclaiming all warranties including implied warranties of fitness for purpose and merchantability, and all indemnification obligations. The disclaimer explicitly acknowledges that beta features may produce math errors, and this disclaimer supersedes any conflicting terms for evaluation 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 complete warranty disclaimer and indemnification waiver for Evaluation Services, which include Beta AI features. The explicit acknowledgment that beta features may make math errors is operationally significant for educational institutions relying on AI-enabled tools for student learning assessment.
The agreement establishes that users of Beta or pilot features, including AI-enabled educational tools in evaluation status, access those features with no warranty, no fitness-for-purpose guarantee, and no indemnification from Khan Academy. The document explicitly notes that math errors are possible in these features.
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"YOU ACKNOWLEDGE AND AGREE THAT EVALUATION SERVICES MAY FUNCTION FOR A LIMITED PERIOD OF TIME, HAVE LIMITED FEATURES, MAY MAKE ERRORS (INCLUDING WITHOUT LIMITATION MATH ERRORS), AND HAVE OTHER LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY, KHAN ACADEMY IS PROVIDING EVALUATION SERVICES "AS IS'', AND KHAN ACADEMY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND STATUTORY WARRANTIES OF NON-INFRINGEMENT, LIABILITIES, AND INDEMNIFICATION OBLIGATIONS OF ANY KIND. IN THE EVENT OF A CONFLICT BETWEEN THIS SECTION 8.2.4 AND ANY OTHER TERMS, THIS SECTION 8.2.4 WILL SUPERSEDE SUCH TERMS WITH RESPECT TO EVALUATION SERVICES.Excerpt from Khan Academy's Terms of Service
1) REGULATORY LANDSCAPE: Warranty disclaimers of this scope may be constrained by mandatory consumer protection statutes in EU, UK, and Australian jurisdictions, as acknowledged in Section 4.3. In the US, the disclaimer must comply with the Magnuson-Moss Warranty Act to the extent goods or services are covered. The as-is disclaimer for AI-enabled educational content may require evaluation under FTC guidance on AI accuracy and disclosure obligations. 2) GOVERNANCE EXPOSURE: Medium for institutional users. Educational institutions that deploy Beta AI features for student learning may bear operational risk for inaccurate outputs, including math errors, given the complete warranty disclaimer. The document's statement that institutions are responsible for not treating the services as a substitute for professional judgment applies with heightened force to evaluation services. 3) JURISDICTION FLAGS: EU, UK, and Australian consumer protection law may limit the enforceability of complete warranty disclaimers for consumer-facing services. Institutional users in those jurisdictions should assess applicable mandatory warranty protections. 4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should confirm whether District Agreements or supplemental institutional agreements modify the as-is warranty disclaimer for Beta features, and should assess institutional risk tolerance for deploying as-is AI tools in student-facing educational contexts. 5) COMPLIANCE CONSIDERATIONS: Institutions should implement disclosure and oversight procedures for Beta features, including informing students and parents when AI-enabled features are in evaluation status. Educational assessment policies should account for the documented risk of errors in Beta AI features, including math errors.
Regulatory citations, enforcement risk, and due diligence action items.
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This provision establishes a complete warranty disclaimer and indemnification waiver for Evaluation Services, which include Beta AI features. The explicit acknowledgment that beta features may make math errors is operationally significant for educational institutions relying on AI-enabled tools for student learning assessment.
The agreement establishes that users of Beta or pilot features, including AI-enabled educational tools in evaluation status, access those features with no warranty, no fitness-for-purpose guarantee, and no indemnification from Khan Academy. The document explicitly notes that math errors are possible in these features.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Khan Academy.