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Terms of Service

Last updated: 2026-04-13

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. Nature of the service

Grade Drive Ltd provides an AI-assisted marking platform. Our tool is designed to assist, not replace, human judgment.

  • Human-in-the-loop: You acknowledge that the AI can produce "hallucinations" or inaccuracies. You maintain final authority and responsibility for all marks and feedback issued to students. 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. User responsibilities

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

In addition:

  • Consent & authority: If you are a teacher using this tool, you represent that you have the authority from your school or the necessary consent from parents/guardians to upload student work containing Personally Identifiable Information (PII).
  • Data accuracy: You are responsible for ensuring that the PDFs uploaded do not contain "Special Category" sensitive data as defined under the UK GDPR and EU GDPR.

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

5. Data Processing Addendum (DPA)

By using this Service, you and Grade Drive Ltd enter into a Data Processing Addendum under which:

  • You are the Data Controller.
  • Grade Drive Ltd is the Data Processor.
  • We agree to process student data only on your documented instructions and to maintain high-level encryption and security standards in line with our Privacy Policy.

You retain ownership of all content you upload (mark schemes, submissions, etc.). 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. 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.

  • Student work: We claim no ownership over the PDFs or student work uploaded to the Service.
  • AI output: The feedback and marks generated by the Service are for the use of you and your students. We make no claim of ownership over AI-generated output produced from your content.

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.

Payment processor: Payments are processed by Stripe, Inc.. By providing your payment details, you authorise Stripe to store and process your billing information on our behalf in accordance with Stripe's Privacy Policy and Terms of Service. We do not store full card numbers or CVV data on our own servers. Stripe may retain your billing data (including card details and transaction history) for fraud prevention, legal compliance, and subscription management purposes. You must ensure that the billing information you provide is accurate and kept up to date.

Recurring billing: If you subscribe to a paid plan, you authorise us (via Stripe) to charge your payment method on a recurring basis at the applicable billing interval. You may cancel your subscription at any time via your account settings; cancellation takes effect at the end of the current billing period.

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.