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Terms of Service

Last updated: 2025-03-06

1. Acceptance of terms

By accessing or using the gradedrive website and exam marking service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Description of service

gradedrive provides an AI-assisted exam marking platform. You can create assessments, upload mark schemes and student submissions, and receive automated marking results and feedback. The Service is provided "as is" and we do not guarantee specific outcomes, accuracy of marks, or uninterrupted availability.

3. Account and eligibility

You must create an account to use the Service. You agree to:

  • Provide accurate and complete registration information
  • Keep your password secure and notify us of any unauthorised access
  • Be responsible for all activity under your account

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the right to enter into these Terms. Use of the Service for educational or institutional marking may be subject to additional agreements or policies.

4. Acceptable use

You agree not to:

  • Use the Service for any illegal purpose or in violation of applicable law
  • Upload content that infringes others' intellectual property or privacy rights
  • Attempt to gain unauthorised access to the Service, other accounts, or our systems
  • Interfere with or disrupt the Service or its infrastructure
  • Use the Service to send spam, malware, or harmful content
  • Resell or sublicense the Service without our prior written consent
  • Use automated means (e.g. scraping) beyond normal use of the product

We may suspend or terminate access if we reasonably believe you have breached these Terms or acceptable use.

5. Your content and data

You retain ownership of the content you upload (mark schemes, submissions, etc.). By using the Service, you grant us a limited licence to use, store, and process that content solely to provide and improve the Service, in accordance with our Privacy Policy. You are responsible for ensuring you have the right to upload and process such content (e.g. consent for student data where required). We do not claim ownership of your content.

6. Our intellectual property

The Service, including its design, software, branding, and documentation, is owned by us or our licensors. You may not copy, modify, or create derivative works of the Service or use our trademarks without our written permission. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described.

7. Fees and payment

Use of the Service may be subject to fees as described on our pricing page or in your plan. You agree to pay all applicable fees. Fees are non-refundable unless otherwise stated or required by law. We may change pricing with reasonable notice; continued use after changes constitutes acceptance. Failure to pay may result in suspension or termination of access.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT MARKING RESULTS ARE COMPLETE OR SUITABLE FOR YOUR INSTITUTIONAL REQUIREMENTS. YOU USE THE SERVICE AT YOUR OWN RISK AND ARE RESPONSIBLE FOR REVIEWING AND VALIDATING MARKING OUTPUT.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (OR, IF NO FEES APPLY, ONE HUNDRED POUNDS STERLING). Some jurisdictions do not allow certain limitations; in such cases, our liability is limited to the fullest extent permitted by law.

10. Indemnity

You agree to indemnify and hold us (and our affiliates, officers, employees, and agents) harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your content, your breach of these Terms, or your violation of any law or third-party rights.

11. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access with or without notice if you breach these Terms or for other operational or legal reasons. On termination, your right to use the Service ceases. Provisions that by their nature should survive (e.g. disclaimers, limitation of liability, indemnity) will survive termination.

12. Changes to the terms

We may modify these Terms from time to time. We will post the revised Terms on this page and update the "Last updated" date. Material changes may be communicated by email or in-product notice. Continued use of the Service after the effective date of changes constitutes acceptance. If you do not agree, you must stop using the Service.

13. General

These Terms constitute the entire agreement between you and us regarding the Service. If any provision is held invalid, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. These Terms are governed by the laws of England and Wales (without regard to conflict of laws). Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless otherwise required by mandatory law.

14. Contact

For questions about these Terms, contact us via the details on our Contact page.