HMH AI Tools Supplemental Terms

Last Updated Date: May 29, 2025

Please read these HMH AI Tools Supplemental Terms of Use (the “Terms of Use”) carefully.  It sets forth the legally binding terms and conditions for your use of the AI Feature and Site.  

These HMH AI Tools Supplemental Terms and the HMH Standard PreK-12 Terms of Purchase (“Terms of Use”) apply to the use of the AI Feature available on our website at hmhco.ai (including all subdomains thereof, the “Site”) provided by HMH Education Company (“HMH” or “we”).  

By registering for and/or using the Site and AI Feature in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Use. If you do not agree, or do not have all requisite authority and consent to be bound by these Terms of Use (as further described below), you may not access or use the AI Feature in any way.

If you’re agreeing to these Terms of Use on behalf of an organization or entity (for example, if you’re a teacher agreeing to these Terms of Use on behalf of a school or an administrator agreeing to these Terms of Use on behalf of your district), you represent and warrant that you are authorized to agree to these Terms of Use on that organization or entity’s behalf and bind them to these Terms of Use.  In such cases, the term “you” as used herein shall also refer to such school or district. Your school or district will also be responsible for any activities, including any violation of these Terms of Use by any student, that occur under your account and any accounts created using your account.

The Site and AI Feature are a suite of AI classroom support tools intended for use solely by adults. Use of the Site and AI Feature by anyone under the age of 18 is prohibited. 

Definitions

For purposes of these Terms of Use, the following terms have the meanings set out below. Capitalized terms used but not defined in these Terms of Use shall have the meanings set out in the HMH Standard PreK-12 Terms of Purchase.

“AI User Input” means information, data, materials, text, prompts, images, code, or other content that is (a) input, entered, posted, uploaded, submitted, transferred, transmitted, or otherwise provided or made available by or on behalf of you for processing by or through an AI Feature, or (b) collected, downloaded, or otherwise received by an AI Feature for or on behalf of you.

“AI User Output” means information, data, materials, text, images, code, works, expressions, or other content generated or otherwise output from an AI Feature in response to AI User Input or from use of an AI Feature by or on behalf of you.

“AI Feature” means any feature, functionality, or component of the Site that incorporates, uses, depends on, or employs any AI Technology, including, but not limited to the HMH AI Tools.  

“AI Technology” means any and all machine learning, deep learning, and other artificial intelligence technologies, including statistical learning algorithms, models (including large language models), neural networks, and other AI tools or methodologies, all software implementations of any of the foregoing, and related hardware or equipment, in each case capable of generating various types of content (including text, images, video, audio, or computer code) based on user-supplied prompts.

“Third-Party Materials or Third -Party” means third-party products, technology, data, services, and materials.

Access and Use of AI Features

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable license, to access, view, download and use the Site and AI Feature solely for your educational and non-commercial purposes.

In addition, you agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site and AI Feature (including any HMH IP), except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HMH or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

Use Restrictions & Prohibitions

You agree not to do any of the following on the Site or with the AI Feature:

  • You will not post or upload any AI User Input or create any AI User Output that:
    • (i) infringes, misappropriates or violates a Third Party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    • (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    • (iii) is fraudulent, false, misleading or deceptive;
    • (iv) is defamatory, obscene, pornographic, vulgar or offensive;
    • (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    • (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
    • (vii) promotes illegal or harmful activities or substances.
  • You will not use, display, mirror or frame the Site, or any individual element within the Site, AI Feature, HMH IP, HMH’s name, any HMH trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HMH’s express written consent;
  • You will not access, tamper with, or use non-public areas of the Site, AI Feature, HMH’s computer systems, or the technical delivery systems of HMH’s providers;
  • Attempt to probe, scan, or test the vulnerability of any HMH system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by HMH or any of HMH’s providers or any other third party (including another user) to protect the Site, AI Feature, or HMH IP;
  • Attempt to access or search the AI Feature or HMH IP or download HMH IP through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by HMH or other generally available third-party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use the AI Feature, Site, or HMH IP for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the AI Feature, Site, or HMH IP to send altered, deceptive, or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the AI Feature, Site, or HMH IP;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the AI Feature or Site;
  • Use any Student Education Records or any other information protected by law (e.g. FERPA, COPPA, HIPAA, etc..) as AI User Input. Use of any Student Education Records or any other information protected by law (e.g. FERPA, COPPA, HIPAA, etc..) as AI User Input is strictly prohibited.
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Repurpose or distribute output to harm others (for example, defraud, scam, spam, mislead, bully, harass, defame, discriminate based on protected attributes, sexualize children, or promote violence, hatred or the suffering of others);
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that HMH has no obligation to monitor your access to or use of the AI Feature or Site, or to review or edit any AI User Input or AI User Output, but has the right to do so for the purpose of operating the AI Feature and Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. HMH reserves the right, at any time and without prior notice, to remove or disable access to any AI User Input, AI User Output or User Customizations, that we, at our sole discretion, consider to be in violation of these Terms of Use or otherwise harmful to the Site, the AI Feature or others.

Your AI Responsibilities and Some Risks

You will comply with all rules and policies of your school/district relating to the use of AI.

You acknowledge that the underlying AI technology may, in some cases, provide incorrect, inaccurate, or otherwise irrelevant information. If you do not agree with this risk, you should not use the AI Feature or Site. You are responsible for ensuring that any output or analysis generated by the AI Feature is true, correct, accurate, or otherwise appropriate for your educational or other permitted purposes. 

You acknowledge and understand that applicable government entities may promulgate or enact legislation or regulations that impact your use of the AI Feature.

Some of the AI Features may not be able to prohibit the use of Third-Party Material as AI User Inputs.  Before using any Third-Party Material, you should either: (i) obtain express permission from the copyright holder; (ii) confirm that the material is in the public domain, or (iii) that your proposed use of the Third-Party Material is within the doctrine of fair use.  If you are unsure whether your proposed use is fair use, please consult with a copyright expert.

Open AI

The HMH AI Tools use OpenAI. Your use of the Site and AI Feature are therefore subject to OpenAI Terms of Use.

Privacy

Use of HMH AI Tools is subject to the Privacy Policy for HMH PreK-12 Products terms. By registering for and/or using the Site and the AI Feature in any manner, including but not limited to visiting or browsing the Site, you agree to the Privacy Policy for HMH PreK-12 Products terms.

Payment Terms

The HMH AI Tools are  provided for free with limited usage, not to exceed 6 uses per day. You may upgrade to unlimited Uses for a fee.  In the event you choose to use paid aspects of the HMH AI Tools, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted by HMH.  All fees are non-refundable and non-transferable except as expressly provided in these Terms of Use. All fees and applicable taxes, if any, are payable in United States dollars.

Intellectual Property Rights

HMH Intellectual Property Rights – The AI Feature and Site are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, HMH and its licensors exclusively own all right, title, and interest in and to the AI Feature, HMH IP, and Site, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, Use mark or other proprietary rights notices incorporated in or accompanying the AI Feature or Site.

AI User Inputs and AI User Outputs – As between HMH and you, you will remain the sole and exclusive owner of all right, title, and interest in and to all AI User Input and AI User Output, subject only to (i) HMH’s ownership of its pre-existing intellectual property incorporated into any AI Customer Output, and (ii) any third party’s ownership of Third-Party Materials incorporated into any AI Customer Output[, and (iii) the limited right granted in these Terms of Use.

Training Rights.  HMH will not use any AI User Inputs or AI User Outputs to train the AI Feature.

Representations

You represent and warrant that you have the rights and permissions required to enter or submit AI User Input through the AI Feature for purposes of your use of the AI Feature for your benefit.

Modifications

Since we are constantly trying to improve our Site, these Terms of Use may need to change along with the Site. We reserve the right to change these Terms of Use at any time, but if we do, we will bring it to your attention at least 30 days before those changes take effect, by placing a notice on the Site, and/or by sending you an email and/or by some other means. We do reserve the right to effect important changes more quickly as needed, as in the case of a requirement for legal compliance, a security threat or other emergency situation, or if we are granting you more rights than you had under the previous version of these Terms of Use. Those important changes will be effective immediately. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Site, and you are still responsible for reading and understanding them. Please regularly check the Site to view the most current version of these Terms of Use.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site and AI Feature (“Feedback”). You may submit Feedback by emailing us at [to be inserted] through the “Help” section of the HMH AI Tools. You acknowledge and agree that we may use your feedback or suggestions without any obligation to compensate you for them.