Riverside Assessments, LLC dba Riverside Insights
Terms of Use for Artificial Intelligence Features

Riverside Assessments, LLC dba Riverside Insights (“Riverside,” “We,” “Us,” or “Our”) provides assessments (collectively, the “Products”) and related assessment management features via Our web-based platforms, including Riverside Score®, Riverside DataManager^TM, the DESSA® suite of assessments, ESGI^TM, easyCBM®, the WJ IV Interpretation and Instructional Interventions Program^TM (WIIIP®), BDI-2® DataManager, and BDI-3® Mobile Data Solution (collectively, the “Platforms” and, together with the Products, the “Services”).

1.              Overview

These Riverside Assessments, LLC dba Riverside Insights Terms of Use for Artificial Intelligence Features (“A.I. Terms”), are incorporated into and form a part of any contract, including any Terms of Use, Terms of Service, or Subscriber Agreement, you or your organization enter into with Riverside. They govern your use of any artificial intelligence functions, programs, tools, and services, as well as machine learning, or similar technologies (“A.I. Technology”) which are developed and managed by third parties (each a “Third-Party Provider”) and made available within A.I. features of the Riverside Services (“A.I. Features”). For purposes of these A.I. Terms, “artificial intelligence” shall mean a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.

BY ACCESSING OR USING THE A.I. FUNCTIONS, YOU AGREE TO BE BOUND BY THESE A.I. TERMS. BY AGREEING TO THESE A.I. TERMS AND USING THE A.I FUNCTIONS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES AND RAMIFICATIONS CONTAINED HEREIN. IF AT ANY TIME YOU DO NOT ACCEPT ALL OF THESE A.I. TERMS, YOU MUST IMMEDIATELY CEASE USE OF ALL A.I. Features OR THE APPLICABLE PROGRAMS.

2.              Engagement and Acceptable Conduct by A.I. Users

You acknowledge that, in using the Services, you may voluntarily engage with A.I. Features—powered by A.I. Technology—to assist with your inquiries and enhance your experience. These A.I. Features are provided solely for convenience and informational purposes and do not constitute professional advice or binding recommendations. A.I. Features respond to the information you submit (your “Input,” as defined in Section 3 below), as well as other data collected by the A.I. Technology and the Services.

You agree that you will not provide the A.I. Features with any personal data or sensitive personal data, including but not limited to, name, email addresses, credit or debit card or other financial and payment information, health information, or other sensitive information unless expressly authorized to do so by the respective A.I. Features. No product orders or customer service matters will be accepted through the A.I. Features. For customer service matters, please visit Riverside's Support.

You are solely responsible for your use of A.I. Features and A.I. Technology and must comply with all applicable laws—including data protection and privacy regulations—and fulfill any obligations to provide notice or obtain any required consents.

You are expressly prohibited from:

• Representing that Outputs (as defined in Section 3 below) are human-generated;
• Provide sensitive or confidential information in Input;
• using the A.I. Features for any purpose that is illegal, harmful, unethical, or in any way infringes, misappropriates, or violates the rights of others;
• attempting to disrupt disable, or overburden the A.I. Features or any associated Riverside infrastructure, including automatically or programmatically extracting Output or other data;
• unauthorized access or downloading of others’ confidential information;
• attempting to reverse engineer, decompile, disassemble, or otherwise modify the A.I. Features or A.I. Technology or its underlying code or create a similar or competing product or service; and/or
• sharing your access credentials or enabling unauthorized access to the A.I. Features or A.I. Technology.

Riverside reserves the right to take appropriate action, including suspension or termination of your account, if you violate these A.I. Terms.

3.              Ownership of Inputs and Outputs

A.I. Features may provide output to you (“Output”) based on information that you provide to A.I. Features (“Input”). Where Inputs and Outputs are processed by a Third-Party Provider as part of the A.I. Features, those Inputs and Outputs may be retained temporarily by the Third-Party Provider as part of the operation of their service. However, Riverside shall contractually restrict any Third-Party Provider from using Inputs and Outputs for: (i) training or improving its large language models, and/or (ii) general use beyond the use required to provide and maintain the A.I. Technology or the A.I. Features or as otherwise set out in these A.I. Terms.

Riverside does not have any control over what information you input, and, thus, your use of the A.I. Features, including any text, information, and personal data you input, is at your own risk. Riverside does not represent, undertake, or warrant to any security or control of or to your Input. Riverside also does not review your Input, including text, names, or products, for accuracy, bias, or intellectual property rights clearance. You are solely responsible to ensure, and you hereby represent and warrant, that all of your Inputs comply with these A.I. Terms and any other applicable terms between you and Riverside.

4.              Intellectual Property

All intellectual property rights in and to the A.I. Features and A.I. Technology, including but not limited to software, algorithms, content, trademarks, and other such material, are owned by, or licensed to Riverside.

5.              Privacy

Riverside uses technology and services provided by third-party service providers for the A.I. Features. Any personal or other information you provide to the A.I. Features may be accessed, collected, retained, disclosed (including to Riverside personnel and third-party service providers) in real-time and later, and otherwise used and processed in accordance with the privacy policy applicable to you.

You hereby authorize Riverside and its Third-Party Providers to collect, use, store, analyze, and derive insights from any information you input into the A.I. Features or that is otherwise gathered in connection with those A.I. Features, to review Inputs and Outputs, train AI models, and to develop and improve Riverside’s and its Third-Party Providers’ products and services. You also acknowledge that information you input into the A.I. Functions will be retained by Riverside in order to answer questions and inquiries from you as well as other users. Any use of third-party platforms (e.g., Amazon Web Services, Grok) is governed by that provider’s own policies and terms, which may be amended at their sole discretion and which you should review before using those platforms.

6.              Accuracy

Riverside is not responsible for the quality, accuracy, reliability, effectiveness, safety, legality or security of the Output. You acknowledge the A.I. Features are not intended to receive or process meaningful works of authorship, and the A.I. Features may generate the same or similar Output for other users. A.I. Technology is subject to inherent limitations and biases, and Outputs are provided as non-binding recommendations for your consideration only. A.I. Features are designed for specific and limited purposes and are not intended for any uses or requests outside of those express purposes. A.I. Features are not permitted to make or solicit offers or acceptances on behalf of Riverside and may not create any legal binding obligation or liability on Riverside. You are solely responsible for independently reviewing, verifying and deciding how to use all Outputs, and you should not rely on them for decision-making without appropriate human oversight.

7.              Warranty Disclaimer 

THE A.I. Features ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NON-INFRINGEMENT. Riverside, ON BEHALF OF ITSELF, ITS AFFILIATES AND THIRD-PARTY PROVIDERS, DOes NOT WARRANT THAT THE A.I. Features WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM THE A.I. Features IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. WHEN IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

8.              Limitation of Liability

IN ADDITION TO THE LIMITATION OF LIABILITY INCLUDED IN THE TERMS OF USE, YOU AGREE THAT YOUR USE OF THE A.I. Features IS AT YOUR OWN RISK AND THAT Riverside’s SOLE OBLIGATION TO YOU IS TO PROVIDE THE A.I. Features “AS IS.”. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE Riverside 'S NEGLIGENCE, SHALL Riverside ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY THIRD-PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION THAT ARISE OUT OF OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THE A.I. Features, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE A.I. SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE Riverside'S OR ANY THIRD-PARTY PROVIDER’S TOTAL aggregate LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, CLAIMS THAT YOUR INTELLECTUAL PROPERTY HAS BEEN INFRINGED BY A THIRD-PARTY’S USE OF DATA THAT YOU INPUT INTO THE A.I. FEATURES EXCEED ONE HUNDRED DOLLARS ($100.00).

9.              INDEMNIFICATION

You assume full legal responsibility for any claims arising out of your use of Output and the A.I. Features. You agree to indemnify, defend, and hold harmless Riverside and its affiliates, officers, directors, employees, agents, successors, and assigns including the Third-Party Providers, and pay all costs and damages arising from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the A.I. Features.

10.           CHANGES TO THE A.I. Features

We reserve the right to add, change, discontinue, remove, or suspend any A.I. Features temporarily or permanently, at any time, without notice and without liability. We may also change, update, add or remove provisions of these A.I. Terms from time to time. We will inform you of any modifications to these A.I. Terms by posting the modified terms of use on Riverside website (the “Site”). As soon as they are accepted by you, any changes to these A.I. Terms or any additional terms posted on the Site shall apply retroactively to any use or claims that arose or were raised prior to the posting of such A.I. Terms, except to the extent prohibited by applicable law. By continuing to use the A.I. Features after any changes are posted, you are indicating your acceptance of and agreement to those changes.

If you object to any such modifications to the A.I. Terms or A.I. Features, your sole recourse shall be to cease using the A.I. Features. Continued use of the A.I. Features following any such changes or notice of modifications of the A.I. Terms indicates you acknowledge and agree to be bound by the modifications.

11.           GENERAL TERMS

9.1            Governing Law. These A.I. Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to any conflict of law or choice of law principles (whether of the State of Illinois or a different jurisdiction) that would result in the application of a different jurisdiction’s laws. To the extent permitted by applicable law, all disputes will be resolved in the courts of the Cook County, Illinois, and you consent to exclusive personal jurisdiction and venue therein.

9.2            Assignment. You may not assign these A.I. Terms or any of your rights or obligations hereunder without the prior written consent of Riverside. Riverside may assign its rights and duties under these A.I. Terms to any third party at any time without notice to you. Any purported assignment in contravention of this Section shall be null and void. Subject to the foregoing, these A.I. Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

9.3            Severability, Waiver. If, for whatever reason, a court of competent jurisdiction finally determines that any provision of these A.I. Terms is invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent legally permissible and such invalidity, illegality, or unenforceability shall not affect any of the remaining provisions of these A.I. Terms. No waiver of any breach of any provision of these A.I. Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.