1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and GraderGenie ("Company," "we," "our," or "us") regarding your use of the GraderGenie platform available at gradergenie.com (the "Service").
By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Description of Service
GraderGenie provides an AI-powered platform for creating, distributing, and grading examinations. Our services include:
- Exam creation tools and templates
- AI-powered automated essay and question grading
- Student response management and analytics
- Reporting and export functionality
- Integration capabilities with educational systems
3. Eligibility and Account Registration
3.1 Eligibility
You must be at least 18 years old to use this Service. If you are between 13-17 years old, you may use the Service only with parental consent and under educational supervision.
3.2 Account Registration
- You must provide accurate, current, and complete information
- You are responsible for maintaining the confidentiality of your account credentials
- You must notify us immediately of any unauthorized use of your account
- You may not create multiple accounts to circumvent limitations
3.3 Educational Use
If you are using the Service on behalf of an educational institution, you represent that you have authority to bind that institution to these Terms and applicable educational privacy laws.
4. Acceptable Use Policy
4.1 Permitted Uses
- Creating and administering educational assessments
- Grading student responses and providing feedback
- Analyzing educational data for legitimate academic purposes
- Integrating with authorized educational systems
4.2 Prohibited Uses
You may not use the Service to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights
- Upload malicious code, viruses, or harmful content
- Attempt to reverse engineer or hack the Service
- Share inappropriate, offensive, or discriminatory content
- Use the Service for commercial purposes outside of education without authorization
- Circumvent usage limitations or security measures
- Create fake accounts or impersonate others
5. Content and Intellectual Property
5.1 Your Content
- You retain ownership of content you create or upload
- You grant us a limited license to process and display your content for Service provision
- You represent that you have rights to all content you upload
- You are responsible for ensuring content complies with applicable laws
5.2 Our Intellectual Property
- GraderGenie platform, AI algorithms, and related technology are our property
- You may not copy, modify, distribute, or create derivative works
- Our trademarks and service marks are protected
- All rights not expressly granted are reserved
5.3 AI-Generated Content
Content generated by our AI systems (grades, feedback, analytics) is provided for educational purposes. You should review AI-generated content for accuracy and appropriateness before use.
6. Payment Terms
6.1 Fees and Billing
- Fees are charged based on your selected subscription plan or credit usage
- All fees are non-refundable unless otherwise stated
- We reserve the right to change pricing with 30 days notice
- Taxes are additional and your responsibility
6.2 Payment Processing
- Payments are processed by third-party payment processors
- You authorize recurring charges for subscription plans
- Failed payments may result in service suspension
- Contact us for billing disputes within 60 days
6.3 Refunds
Refunds are provided only in cases of technical issues preventing service use or as required by applicable law. Educational institutions may have different refund terms per their agreements.
7. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with applicable privacy laws including GDPR, CCPA, FERPA, and COPPA.
8. Service Availability and Modifications
8.1 Service Availability
- We strive for 99.9% uptime but do not guarantee uninterrupted service
- Planned maintenance will be announced in advance when possible
- We are not liable for downtime beyond our reasonable control
8.2 Service Modifications
- We may modify or discontinue features with reasonable notice
- Material changes affecting functionality will be communicated in advance
- We may add new features or improve existing ones without notice
9. Limitation of Liability
9.1 AI Accuracy Disclaimer
While our AI grading system is designed to be accurate, it is not infallible. You should review AI-generated grades and feedback before making final academic decisions. We are not responsible for grading errors or their academic consequences.
9.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
9.3 Educational Use Disclaimer
The Service is a tool to assist in educational assessment. Final academic decisions remain the responsibility of educational professionals and institutions.
10. Indemnification
You agree to indemnify and hold harmless GraderGenie from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.
11. Termination
11.1 Termination by You
- You may terminate your account at any time
- Subscription fees are non-refundable upon termination
- You may export your data before termination
11.2 Termination by Us
- We may suspend or terminate accounts for Terms violations
- We will provide reasonable notice except for serious violations
- We may terminate the Service entirely with 90 days notice
11.3 Effect of Termination
Upon termination, your data will be deleted according to our Privacy Policy, and all rights and obligations cease except those that survive by their nature.
12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of [Your State/Country] without regard to conflict of law principles.
12.2 Dispute Resolution Process
- Informal Resolution: Contact us at legal@gradergenie.com to resolve disputes informally
- Mediation: If informal resolution fails, we encourage mediation
- Arbitration: Final disputes will be resolved through binding arbitration
- Class Action Waiver: You waive rights to participate in class actions
12.3 Exceptions
Either party may seek injunctive relief in court for intellectual property violations or urgent matters that cannot wait for arbitration.
13. General Provisions
13.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between us.
13.2 Severability
If any provision is found unenforceable, the remaining provisions continue in full force and effect.
13.3 Assignment
You may not assign these Terms without our consent. We may assign our rights and obligations at any time.
13.4 Updates to Terms
We may update these Terms periodically. Material changes will be communicated via email or prominent notice on our website 30 days before taking effect.
14. Contact Information
For questions about these Terms, contact us: