TERMS OF SERVICE

Last Updated: July 15, 2025

Welcome to VelociGrader (the "Service"), a service comprised of a Google Chrome Extension and a secure web application and backend platform designed to assist educators in automatically grading Google Classroom assignments using artificial intelligence. The Service is provided by VelociPan ("we," "us," or "our").

By accessing or using the Service, you ("User" or "you") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional guidelines or rules applicable to specific services or features which may be posted from time to time. If you do not agree to these Terms, you may not access or use the Service.

IMPORTANT NOTICE REGARDING STUDENT DATA AND AI: This Service interacts with student data from Google Classroom. We are committed to protecting student privacy. However, you, as the educator, are solely responsible for ensuring your use of this Service complies with all applicable privacy laws and regulations, including but not limited to the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), and any school, district, state, or national policies regarding student data and the use of AI tools.

1. Acceptance of Terms

1.1. Agreement: These Terms constitute a legally binding agreement between you and VelociPan.

1.2. Eligibility: For Users Processing Student Data or Education Records: By using the Service to process student data or education records, you represent and warrant that you are a school official or other educational personnel authorized by your school or institution to access and use Google Classroom and student data, and that you have obtained all necessary consents, if applicable, to use an AI-powered grading tool with student data in accordance with your institution's policies and relevant laws. You must be at least 18 years old or the age of majority in your jurisdiction.

1.3. Eligibility: For All Other Users (Non-Student Data Use Only): By using the Service for purposes not involving student data or education records, you agree to these Terms. You acknowledge and agree that you are strictly prohibited from uploading any personally identifiable information (PII) of students or children, or any data that constitutes an "education record" under FERPA or similar privacy laws, into the Service. You must be at least 18 years old or the age of majority in your jurisdiction.

1.4. Modifications: We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or through the Chrome Extension. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

2. Description of Service

2.1. Core Functionality: The Service is a tool that integrates with your Google Account. Through our Chrome Extension and secure web application and backend services, we retrieve assignment data and student submissions from Google Classroom. Our web application and backend services then utilize Google's Gemini AI model to analyze and grade submissions, and can automatically provide grades and feedback to your Google Classroom and/or a Google Sheets spreadsheet in your Google Drive.

2.2. Service Architecture: The Service consists of a Google Chrome Extension that you install in your browser and a web application and backend services hosted on Google Cloud Platform that perform the grading tasks. Your use of the Service is also subject to the terms of the services it integrates with, including Google's Terms of Service for Google Classroom, Google Chrome, and the Google Gemini API.

2.3. AI Limitations: You acknowledge that the grading provided by the Service is generated by artificial intelligence. Specifically, the Service utilizes Google's Gemini AI model. While we strive for accuracy and fairness, please be aware that we do not create, maintain, or control the underlying AI model itself. AI models can make errors, exhibit biases, or generate unexpected outputs. The Service is designed as an aid to the grading process, not a replacement for professional pedagogical judgment. You, the teacher, retain full and final responsibility for reviewing, adjusting, and approving all grades and feedback before they are finalized and presented to students.

2.4. Future Developments: The Service may evolve over time. We may add, remove, or modify features and functionality without prior notice.

2.5 Administrator Restrictions: You acknowledge and understand that the functionality and effectiveness of the Service are dependent upon the configuration and permissions granted within your Google Workspace (including Google Classroom) environment. Your school or institution's Google Workspace administrator may have implemented, or may at any time implement, policies, restrictions, or settings that limit or prevent the Service from performing certain actions, such as (1) accessing student assignments or data, (2) modifying grades, (3) posting feedback, (4) creating or modifying Google Sheets spreadsheets, or (5) any other interaction with Google Classroom or related Google services. VelociPan is not responsible or liable for any inability of the Service to function as intended due to such administrative restrictions or policies imposed by your Google Workspace administrator or school system. It is your responsibility to ensure that your Google Workspace environment and permissions allow for the proper operation of the Service, and to liaise with your administrator regarding any necessary access or configuration.

3. User Responsibilities and Conduct

3.1. Accurate Information: You agree to provide accurate, current, and complete information when setting up and using the Service.

3.2. Compliance with Laws and Policies: You are solely responsible for ensuring your use of the Service complies with all applicable local, state, national, and international laws, regulations, and your school/district policies, including those related to student data privacy (e.g., FERPA, COPPA, GDPR, state-specific student privacy laws).

3.3. Student Consent: It is your responsibility to obtain any necessary parental or guardian consents, as required by law or your institution, before using the Service with student data.

3.4. Prohibited Uses: You agree not to:

• Use the Service for any illegal or unauthorized purpose.

• Use the Service to violate the privacy rights of others, including students.

• Attempt to reverse engineer, decompile, disassemble, or derive the source code of the Service.

• Introduce malicious code, viruses, or any harmful components into the Service.

• Interfere with or disrupt the integrity or performance of the Service or data contained therein.

• Use the Service in any manner that could damage, disable, overburden, or impair any of our servers or networks.

• Impersonate any person or entity.

• Bypass, disable, or otherwise interfere with security-related features of the Service.

3.5. Data Input: You understand and agree that when you initiate a grading job, relevant data, including student submissions, is transmitted securely to our web application and backend services for processing. Our service then sends this data to the Google Gemini API for analysis. You are responsible for ensuring that any data you process through the Service is appropriate for AI analysis and complies with all relevant privacy regulations. As detailed in our Privacy Policy, we do not store student data on our servers beyond the ephemeral processing required to complete a grading job.

4. Data Privacy and Security

4.1. Privacy Policy: Our Privacy Policy explains how we collect, use, and protect your information and the student data processed through the Service. By using the Service, you consent to our data practices as described in the Privacy Policy.

4.2. Data Handling: We implement reasonable technical and organizational measures to protect the data processed by the Service. However, no internet transmission or electronic storage is completely secure.

4.3. Third-Party Services: The Service is built on and relies on third-party services, including Google Cloud Platform (for our backend), Google Classroom, and the Google Gemini API. We also use third-party payment processors (e.g., Polar) to manage subscriptions. Your use of these services is subject to their respective terms and policies.

5. Intellectual Property

5.1. Service Ownership: All intellectual property rights in and to the Service, including our web application and backend service code, Chrome Extension code, design, features, and underlying technology, are owned by VelociPan or its licensors.

5.2. Your Content: You retain ownership of any content you create or submit using the Service (e.g., grading rubrics, custom prompts). By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing and improving the Service.

5.3. AI Output: The output generated by the Gemini AI model is subject to Google's terms for the Gemini API. As the user of this Service, you are responsible for how you utilize and distribute the AI-generated content (grades, feedback) to students, ensuring compliance with academic integrity and privacy policies.

6. Disclaimers

6.1. "AS IS" Basis: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

6.2. No Warranty: We do not warrant that the Service will be uninterrupted, secure, error-free, accurate, complete, or free of viruses or other harmful components. We do not warrant that the results obtained from the use of the Service will be accurate, reliable, or meet your expectations.

6.3. AI Accuracy: We explicitly disclaim any warranty regarding the accuracy, completeness, or suitability of the AI-generated grades or feedback. You assume all risks associated with using AI-generated content in an educational setting.

7. Limitation of Liability

7.1. Exclusion of Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VelociPan, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. Cap on Liability: IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE IN THE LAST TWELVE (12) MONTHS, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

8. Indemnification

You agree to defend, indemnify, and hold harmless VelociPan, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

• Your access to or use of the Service;

• Your violation of these Terms;

• Your violation of any third-party right, including without limitation any intellectual property, privacy, or publicity right;

• Your violation of any applicable law, rule, or regulation, especially those related to student data privacy.

9. Termination

9.1. Your Right to Terminate: You may stop using the Service at any time by uninstalling the Chrome Extension. You can also revoke the Service's access to your Google Account via your Google Account security settings page, which will render the Service non-functional.

9.2. Our Right to Terminate/Suspend: We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

9.3. Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. General Provisions

10.1. Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us regarding the Service.

10.2. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will 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 our 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 your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

10.5. Contact Information: For any questions about these Terms, please contact us at: Contact