- Overview: These Terms of Service govern access to and use of Gradebird. By creating an account, requesting a demo, or using the service, you agree to these terms on behalf of yourself and, where applicable, the educational institution or organization you represent.
- Educational use: Gradebird is intended for educational and administrative workflows around exam authoring, printing, scanning, assessment support, and instructor review. It is not legal advice, and using Gradebird does not by itself make a school or instructor compliant with FERPA, institutional policy, or any other law or regulation.
- Your account: You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate account information and to use Gradebird only for lawful educational or operational purposes.
- Your institution and your data: If you upload student rosters, exam responses, grades, or other education records, you represent and warrant that you and your institution have all rights, authorizations, notices, consents, and internal approvals needed to provide that information to Gradebird and to use Gradebird for the intended workflow. You are responsible for determining whether your institution requires student consent, administrator approval, contract review, procurement review, or additional disclosures before using the service.
- Individual instructors uploading non-anonymized data: If you are an individual instructor or other user uploading non-anonymized student data, you represent and warrant that you have all permissions, approvals, and lawful authority required by your institution and applicable law to provide that data to Gradebird and to use the service for that purpose.
- Student data and liability: Gradebird processes information that may include student names, student identifiers, exam content, handwritten responses, grades, rubric materials, and related educational records when users choose to upload that information. You acknowledge that Gradebird acts only on the data you or your institution submit to the service. Gradebird is not responsible for obtaining institutional permission, student consent, parental consent, contractual authorization, or administrative approval on your behalf.
- Liability allocation for unauthorized uploads: To the maximum extent permitted by law, Gradebird will not be liable for claims, losses, penalties, fines, investigations, or damages arising from your or your institution's decision to upload student data, education records, or other regulated information without the permissions, lawful basis, or institutional approvals required for that upload or use.
- Acceptable use: You may use Gradebird for legitimate educational, instructional, and administrative workflows related to assessment. You may not use Gradebird to violate law, infringe intellectual property, interfere with service operations, upload malware, attempt unauthorized access, or process data you are not authorized to use.
- Service availability: Gradebird may evolve over time. Features may change, be improved, or be removed. Free or pilot access may be modified or discontinued. We may suspend or terminate access where necessary to protect the service, other users, or legal compliance.
- Warranties disclaimer: To the maximum extent permitted by law, Gradebird is provided on an “as is” and “as available” basis, without warranties of uninterrupted availability, error-free performance, or legal compliance for any particular institution's use case.
- Limits of liability: To the maximum extent permitted by law, Gradebird's total liability for claims arising out of or relating to the service will be limited to the amount paid by you or your institution to Gradebird for the service in the twelve months preceding the event giving rise to the claim. If no fees were paid, Gradebird's liability will be limited to one hundred U.S. dollars.
- Questions: If you need a custom data-processing agreement, institutional review, or procurement conversation before using Gradebird, please use the demo request workflow so we can route you appropriately.
