U.S. K-12 Public Sector Addendum to the Anthropic U.S. K-12 Terms of Service
This U.S. K-12 Public Sector Addendum to the Anthropic U.S. K-12 Terms of Service (the "U.S. K-12 PubSec Addendum") is incorporated into and forms part of the Anthropic U.S. K-12 Terms of Service between Anthropic, PBC ("Anthropic") and Customer (the "Terms"). Capitalized terms used but not defined in this U.S. K-12 PubSec Addendum have the meanings given to them in the Terms or in the Anthropic U.S. K-12 Data Processing Agreement ("DPA"), as applicable.
This U.S. K-12 PubSec Addendum applies only where Customer is a local educational agency, public school, public school district, public charter school (or the public or nonprofit entity that holds its charter), state educational agency, regional or intermediate educational service agency or other public educational school serving students in grades K-12 that is created under applicable state or local laws (each, a "Public K-12 Entity"). If Customer is not a Public K-12 Entity, this U.S. K-12 PubSec Addendum does not apply and the Terms apply without modification.
In the event of a conflict between this U.S K-12 PubSec Addendum and the Terms, this U.S. K-12 PubSec Addendum controls with respect to the subject matter addressed herein. In the event of a conflict between this U.S. K-12 PubSec Addendum and the DPA with respect to the processing of Student Data, the DPA controls.
- Confidentiality
- Public Disclosure Laws. Notwithstanding Section E (Confidentiality) of the Terms, , Anthropic acknowledges that Customer may be required to disclose Confidential Information under applicable public disclosure laws. Customer may disclose Confidential Information, including the Terms, this U.S. K-12 PubSec Addendum, the DPA, any ordering documents, attachments, and pricing information, to third parties to the extent required by applicable law; provided that Customer will provide (a) Anthropic prior written notice of the compelled disclosure (to the extent legally permitted); and (b) reasonable assistance, at Anthropic's cost, if Anthropic elects to contest the disclosure or seek a protective order or other limitation on the disclosure.
- Termination and Suspension
- Termination for Convenience. Notwithstanding Section I.2 (Termination) of the Terms, provided Customer has a statutory right to do so, Customer may terminate the Terms or any related ordering documents without cause with 30 days Notice; provided, however, that upon any such termination, (i) any prepaid fees for purchased Services under any ordering document will not be refunded; and (ii) Customer will pay Anthropic any unpaid fees for purchased Services under any ordering document which is terminated. Anthropic may not terminate related ordering documents for convenience.
- Disputes
- Arbitration. Section J.2 (Arbitration) will not apply if prohibited by SLED law. “SLED Law” means the laws of the State in which Customer was created, or in the state where Customer’s primary headquarters or main office is geographically located.
- Indemnification
- Claims Against Anthropic. To the extent SLED Law prohibits Customer from indemnifying or defending Anthropic, Section K.2 (Claims Against Anthropic) of the Terms will not apply.
- Control of Defense. To the extent required by SLED Law, the applicable Attorney General’s Office will have the sole right to represent Customer in litigation and other formal proceedings.
- Accessibility
- Anthropic makes available its Voluntary Product Accessibility Template ("VPAT") on trust.anthropic.com. Anthropic is committed to building accessible Services and aims to achieve conformance with the Web Content Accessibility Guidelines (WCAG) 2.2, Level AA.
- Amendment and Modification
- Notwithstanding Section M.3 (Amendment and Modification) of the Terms, Anthropic may unilaterally update the Terms, including the (i) Usage Policy, (ii) Supported Regions Policy and (iii) Service Specific Terms if they are not material. A material change is (1) terms that change Customer’s rights or obligations, (2) terms that increase pricing, or (3) terms that decrease the overall security or functionality of the Services. Material changes will not apply to the then-current order term. At renewal or a new purchase, the material changes will be deemed accepted by the Customer. Material changes during the then-current order term require mutual written agreement. Changes to the extent required to comply with changes to applicable law or regulations are not material changes and will take effect immediately upon posting or Notice.
- Governing Law; Venue
- Governing Law. The Terms will be governed by and construed in accordance with SLED Law.
- Venue. Section M.7.b of the Terms is deleted in its entirety.