Terms of Use
This Agreement governs your access to and use of Gradebench’s Services. Please read carefully.
Welcome to Gradebench! This Terms of Use Agreement (“Agreement”) governs your access to and use of our website, applications, and associated services (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree, please do not use the Services.
To access or use the Services, you must meet the following criteria:
- Age Requirement: You must be at least 18 years of age. The Services are not intended for individuals under 18.
- Authority: If using the Services on behalf of an educational institution or entity, you represent that you are authorized to accept this Agreement and that the entity is responsible for any violations.
- Usage: The Services are for personal and educational use by educators and students, not for commercial exploitation unless agreed upon in writing with Gradebench.
Your use of the Services is also governed by our Privacy Policy, which details how we collect, use, store, process, and share your personal data.
To access certain features, you may need to register for an account. You agree to:
- Accurate Information: Provide accurate, current, and complete information during registration and keep it updated.
- Account Security: Maintain the confidentiality of your password and notify Gradebench of any unauthorized use or security breach.
- Responsibility: You are responsible for all activities under your account.
Ownership and License:
- Ownership: You retain ownership of your User Content (e.g., answer sheets, exam papers, assignments).
- License to Gradebench: You grant Gradebench a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, process, and store your User Content for purposes such as grading, analysis, and service improvement.
- Permanent Storage: This license continues after you stop using the Services for historical and educational purposes.
Your Responsibilities:
- Content Compliance: You are responsible for ensuring your User Content does not infringe third-party rights or violate laws.
- No Backup: Gradebench is not a backup service; you must maintain your own copies of User Content.
You agree not to engage in the following prohibited activities:
Gradebench’s Rights:
All software, technology, trademarks, and content (excluding User Content) are the exclusive property of Gradebench and its licensors, protected by copyright and other laws.
Your License:
You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for personal and educational purposes.
Feedback:
Any feedback you provide may be used by Gradebench without obligation, with a perpetual, royalty-free license to incorporate it into the Services.
If Gradebench introduces paid features, you agree to:
- Payment: Pay all fees and applicable taxes for your account’s use of the Services.
- Pricing Changes: Gradebench may change pricing at any time, with terms provided at purchase.
Limitation of Liability:
No Indirect Damages
Gradebench is not liable for indirect, incidental, special, consequential, or punitive damages.
Liability Cap
Total liability is limited to the amount paid by you in the last 12 months or INR 1,000, whichever is less.
You agree to indemnify and hold Gradebench harmless from claims related to:
- Governing Law: This Agreement is governed by the laws of India, without regard to conflict of law principles.
- Jurisdiction: Disputes shall be resolved in the courts of Bengaluru, Karnataka, India.
Gradebench may terminate or suspend your account for any reason, including breach of this Agreement. Upon termination:
- Access Cessation: Your right to use the Services will cease immediately.
- Surviving Provisions: Provisions such as ownership, disclaimers, indemnity, and liability limitations will survive.
Entire Agreement
This Agreement and the Privacy Policy constitute the entire agreement between you and Gradebench.
Waiver
No waiver of any term constitutes a continuing waiver.
Severability
Invalid provisions will not affect the remaining provisions.
Assignment
You may not assign this Agreement without Gradebench’s consent; Gradebench may assign it freely.