Terms of Service

Thank you for using Grading Assistant! These terms of service (these “Terms” or this “Agreement”) form an agreement between you, our customer (“you” and “your”), and Grading Assistant, LLC (“Grading Assistant,” “we,” “us,” or “our”) and cover your use and access of Grading Assistant-owned websites,  Chrome extensions, applications, and related software services (the “Services”).

Acceptance of Terms

By using our Services, which may include creating an account, downloading our Chrome extension, using our grade transferring tool, you agree to these Terms and acknowledge you have reviewed our Privacy Policy and consent to forming this agreement electronically. You should not use our Services if you do not agree to these Terms or our Privacy Policy.
Changes to the Terms of Use

We reserve the right to modify these Terms at any time. We will always post the most current version on our website and notify you should anything material change. By continuing to use the Services after the changes become effective, you agree to the revised Terms.

Description of Services

The Services are designed to streamline the grading process for teachers by allowing them to easily transfer grades from multiple edtech tools, excel, and google sheets, to popular online grade books in just a few clicks. The Services also include convenient auto-replacement and scaling features for accurate and consistent grades.

Eligibility

The Services are intended for use by adults over the age of 18 who are teachers or other representatives of a school. By using the Services, you represent and warrant that you are over the age of 18 and are a teacher or other representative of a school.

User Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms of Use. You shall not post or transmit through the Services any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Privacy

We are committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use, and share your personal information.

Intellectual Property

The Services, including all content, software, and functionality, are the property of Grading Assistant LLC and are protected by copyright

Linked Websites and Services

The Services may contain links to third-party websites or services that are not owned or controlled by Grading Assistant LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

Subscription Plans

Grading Assistant provides a free 7-day trial without the need for a credit card. After the trial period, users can choose from two subscription plans, each with different features and pricing options.

The Premium plan is designed for individual users and costs $3.25 per month, billed annually. This plan includes access to all features of the Grading Assistant chrome extension and website, including the ability to transfer grades from multiple edtech tools, excel, and google sheets to popular online gradebooks.

The School & District plan is designed for groups of users and costs $3.25 per month per user, billed annually. A minimum of 5 users is required for this plan. This plan includes all the Premium plan's features and the ability to manage and administer multiple users' accounts.

Cancellations of the Service will take effect at the end of the current billing cycle. All payments for both individual Premium subscriptions and School & District subscriptions to the Service are considered final and are not eligible for a refund. However, a pro-rated refund is available for individuals with a Premium plan who join a School & District plan.

The Grading Assistant does not store any credit card information. We utilize the secure and vetted 3rd party system, Stripe (stripe.com), for our credit card payment processing and subscription services.

No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. Grading Assistant LLC (“Grading Assistant,” “we,” “us,” or “our”) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GRADING ASSISTANT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND GRADING ASSISTANT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR GRADING ASSISTANT ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GRADING ASSISTANT ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS, USE, OR DISCLOSURE OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. GRADING ASSISTANT DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT GRADING ASSISTANT IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Grading Assistant LLC (“Grading Assistant,” “we,” “us,” or “our”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES (THE “SERVICES” INCLUDE OUR CHROME EXTENSION "GRADING ASSISTANT" AND OUR WEBSITE, GRADE-ASSISTANT.COM) OR ANY MATERIALS OR CONTENT ON OR AVAILABLE THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRADING ASSISTANT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify and hold Grading Assistant LLC and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms of Use, or your violation of any rights of another.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the United States and the State of Texas, without giving effect to any principles of conflicts of law.

Dispute Resolution

Any dispute arising out of or relating to these Terms of Use shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or dispute shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Contact Information

If you have any questions or concerns about these Terms of Service, please get in touch with us at [email protected].