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- Agreement to these terms: These Terms of Service (“Terms”) are a legally binding agreement between you and Avian Educational Software, Inc. (“Avian,” “we,” “us,” or “our”), the operator of Gradebird, and govern your access to and use of Gradebird and its related services (collectively, the “Services”). By accessing or using the Services, including by creating an account, you acknowledge that you have read and understood these Terms, agree to be bound by them, and acknowledge our Privacy Policy, which describes how we collect, use, and disclose information. If you do not agree to these Terms, you may not access or use the Services. These Terms apply to all visitors, registered users, and others who access or use the Services (“Users”).
- Institutional terms: If you access Gradebird through an educational institution or university license, your use of the service may also be governed by a Master Services Agreement (MSA), Data Protection Addendum (DPA), or other written agreement between Avian Educational Software, Inc. and your institution. To the extent those institutional terms conflict with these Terms of Service, the institutional terms will control.
- Educational use: Gradebird is intended for educational and assessment-related use around exam authoring, printing, scanning, assessment support, and instructor review.
- 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.
- Student data: “Student Data” means student information and educational records uploaded to or created through the Services. You may submit Student Data only when you are authorized to do so. Subject to any applicable institutional agreement, Avian may process Student Data to provide and improve the Services and may create, retain, and use de-identified data as described in our Privacy Policy. Avian will not use Student Data containing personally identifiable information to train generalized artificial-intelligence or machine-learning models.
- Acceptable use: You may use Gradebird for legitimate educational, instructional, and assessment-related purposes. 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 changes, suspension, and termination: Avian may modify, limit, suspend, or discontinue all or part of the Services, establish usage limits, or terminate your access at any time, with or without prior notice, including if you violate these Terms or if Avian determines that continued access may create legal, security, operational, or other risk. To the maximum extent permitted by law, Avian will not be liable for any modification, suspension, limitation, or discontinuation of the Services. Upon termination, your right to use the Services ends immediately, and data will be handled as described in the Privacy Policy. Provisions that by their nature should survive termination will remain in effect.
- 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 use case.
- Limits of liability: To the maximum extent permitted by law, Avian's total liability for claims arising out of or relating to the Services will be limited to the amount paid by you to Avian for the Services in the twelve months preceding the event giving rise to the claim. If no fees were paid, Avian's liability will be limited to one hundred U.S. dollars.
- Questions: If you have questions before using Gradebird, please contact us at compliance@gradebird.com.
