Terms & Conditions

1.1 Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements. The Service is intended for use by educators, educational institutions, and authorized personnel only.

1.2 User Accounts

To use certain features of the Service, you may need to create a user account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to provide accurate and complete information when creating an account and to update your information promptly if any changes occur. You are solely responsible for all activities that occur under your account.

GradeLab uses Clerk for authentication and role-based access control (RBAC). You acknowledge that your account credentials are managed through secure authentication systems, and you must not share your account credentials with any third party.

1.3 Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. You will not engage in any activity that interferes with or disrupts the Service or its associated networks.

Prohibited activities include, but are not limited to:

• • Uploading or processing student data without proper authorization from the educational institution
• • Attempting to reverse engineer, decompile, or extract the AI grading algorithms or proprietary technology
• • Using the Service to process data for purposes other than educational assessment and grading
• • Sharing account credentials or allowing unauthorized access to the Service
• • Introducing viruses, malware, or other harmful code into the Service
• • Using automated systems to access the Service in a manner that exceeds reasonable use
• • Violating any applicable data protection laws, including GDPR, CCPA, or local privacy regulations

1.4 Educational Institution Authorization

When using the Service to process student data, you represent and warrant that you have obtained all necessary authorizations from your educational institution and, where required by law, from students or their parents/guardians. GradeLab acts as a Data Processor under GDPR and similar regulations, and you (or your institution) act as the Data Controller.

2.1 Ownership

The Service, including all content, features, functionality, AI grading algorithms, OCR technology, and proprietary systems, is owned by GradeLab and protected by intellectual property laws. You acknowledge and agree that GradeLab retains all rights, title, and interest in and to the Service and its content, including but not limited to patents, copyrights, trademarks, trade secrets, and other proprietary rights.

2.2 Limited License

Subject to your compliance with these Terms, GradeLab grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended educational purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the Service without our prior written consent.

You may not use any automated system, including "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.

2.3 Student and Educator Intellectual Property

2.4 Feedback

If you choose to provide feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant GradeLab a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, copy, modify, distribute, display, and perform the Feedback for any purpose without any obligation or compensation to you.

3.1 Privacy Policy

Your use of the Service is also subject to our Privacy Policy, which complies with applicable data protection laws including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (India), GDPR (European Union), CCPA (California), and other relevant regulations. By using the Service, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

3.2 Data Processing Roles

3.3 Data Security

GradeLab implements comprehensive security measures to protect your data, including:

• • Encryption in transit using TLS 1.3
• • Encryption at rest using AES-256
• • Cloudflare Web Application Firewall (WAF) protection
• • Vercel managed infrastructure with enterprise-grade security
• • Role-based access control (RBAC) through Clerk
• • Regular security audits and penetration testing

For detailed information about our security practices, please visit our Trust & Compliance Center.

3.4 Sub-processors

GradeLab uses the following sub-processors to provide the Service:

• • Vercel: Cloud hosting and infrastructure services (US-based, SOC 2 Type II certified)
• • Cloudflare: Content delivery network (CDN), security services, and Web Application Firewall (WAF) (global edge network, SOC 2 Type II certified)
• • Clerk: Authentication and role-based access control (RBAC) services
• • AI Service Providers: For OCR transcription and document processing
• • Intercom: Customer support and communication platform
• • Database and Storage Providers: Secure data storage and backup services

All sub-processors are contractually bound to maintain the same level of data protection and security as GradeLab, with strict data processing agreements that comply with GDPR, CCPA, and other applicable data protection regulations.

3.5 Data Retention and Deletion

GradeLab will retain personal data we process on behalf of educators and institutions for as long as needed to provide services. We retain educator and student information for as long as the educator account is active or as needed to provide services. Upon account closure, data is retained for 30 days for recovery purposes, then permanently deleted, unless we are required to retain it for legal obligations.

You may request deletion of your data at any time by contacting info@gradelab.io.

4.1 Service Availability

We strive to provide continuous availability of the Service but do not guarantee uninterrupted, secure, or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

4.2 Service Modifications

GradeLab reserves the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that may affect your use of the Service. Continued use of the Service after such modifications constitutes acceptance of the changes.

5.1 Disclaimer

The Service is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the Service, including its accuracy, reliability, availability, or fitness for a particular purpose. We disclaim all warranties to the fullest extent permitted by applicable law, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.

While GradeLab uses advanced AI technology for grading, we do not guarantee 100% accuracy in grading results. The Service is designed to assist educators but should be used as a tool alongside professional judgment.

5.2 Limitation of Liability

To the extent permitted by applicable law, in no event shall GradeLab, its affiliates, directors, officers, employees, agents, or licensors be liable for any direct, indirect, incidental, consequential, special, or punitive damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with your use of the Service, including but not limited to:

• • Loss of data, profits, or business opportunities
• • Service interruptions or unavailability
• • Errors or inaccuracies in grading results
• • Unauthorized access to or use of your account or data
• • Any other damages resulting from your use or inability to use the Service

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to GradeLab in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

7.1 Termination by You

You may terminate your account at any time by contacting info@gradelab.io. Upon termination, your right to use the Service will immediately cease, and we will delete your data in accordance with our data retention policy.

7.2 Termination by GradeLab

GradeLab reserves the right to suspend or terminate your account immediately, without prior notice, for reasons including but not limited to:

• • Violation of these Terms or our Privacy Policy
• • Unauthorized use of the Service or attempt to access restricted areas
• • Processing student data without proper authorization
• • Attempting to reverse engineer or extract proprietary algorithms
• • Sharing account credentials or allowing unauthorized access
• • Engaging in fraudulent, abusive, or illegal activities
• • Non-payment of fees (if applicable)
• • Extended period of account inactivity

7.3 Effect of Termination

Upon termination, your right to access and use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of Ahmedabad, Gujarat, India.

8.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Ahmedabad, Gujarat, India. The language of the arbitration shall be English. The number of arbitrators shall be one (1).

Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

10.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by GradeLab on the Service, constitute the entire agreement between you and GradeLab concerning the Service and supersede all prior agreements and understandings.

10.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

10.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and GradeLab's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

10.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms or any rights hereunder without your consent.

10.5 Force Majeure

GradeLab shall not be liable for any failure or delay in performance under these Terms which is due to earthquake, fire, flood, act of God, act of war, terrorism, epidemic, pandemic, or other causes beyond our reasonable control.