VelociGrader Terms of Service Back to Home

Terms of Service

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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 LLC ("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 LLC.
  • 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 artificial intelligence 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, subject to your selected options.
  • 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 applicable AI model provider terms.
  • 2.3. Multiple AI Provider Support: The Service supports multiple AI providers for grading: (a) Google's Gemini AI model, which operates under Google's FERPA compliance commitment; (b) Groq's AI API, which implements a zero-retention policy (data is not stored beyond the immediate processing window); and (c) OpenRouter AI, which aggregates multiple AI providers. You, the teacher, may select which AI provider to use. For maximum data privacy, we recommend selecting the Groq provider, which offers the strongest privacy guarantee (zero-retention). The Service will notify you if your selected provider is unavailable and offer alternatives.
  • 2.4. AI Limitations & Bias Disclaimer: You acknowledge that the grading provided by the Service is generated by artificial intelligence and is subject to inherent limitations, errors, and potential biases. AI models can exhibit bias based on student demographics, writing style, linguistic patterns, or other factors unrelated to academic performance. AI-generated grades are provided as recommendations only and do not constitute final grades until you, the teacher, have manually reviewed, verified, and explicitly approved them. The Service is designed as an educational aid to assist with the grading process, not a replacement for professional pedagogical judgment and human oversight. You, the teacher, retain full and final responsibility for the accuracy and appropriateness of all grades assigned to students.
  • 2.5. Grade Publication & Auto-Publishing: The Service provides an optional checkbox ("Save to Classroom") that allows you to enable automatic publication of grades and feedback to Google Classroom. If you enable this checkbox, the Service will automatically post grades to Classroom. If you disable this checkbox, grades will be recorded to your designated Google Sheet but will NOT be automatically published to Classroom; you will then manually publish grades through Classroom as desired. In either case, you remain solely responsible for ensuring all grades are accurate and appropriate before they are made visible to students. We strongly recommend that you manually review all grades before enabling automatic publication, and that you periodically audit grades in Classroom to ensure accuracy.
  • 2.6. Service Limitations & Not Suitable for High-Stakes Decisions: This Service is designed for regular assignment and homework grading with teacher review and oversight. The Service is NOT recommended as the sole basis for high-stakes grading decisions, including but not limited to: final semester or year-end grades, standardized test scoring, graduation-determining grades, or any grade that significantly impacts a student's academic standing or future opportunities. For such assessments, you should employ multiple grading methods and additional human oversight beyond the Service.
  • 2.7. Future Developments: The Service may evolve over time. We may add, remove, or modify features, functionality, AI providers, or API integrations without prior notice. Changes to the underlying AI model(s) or provider APIs are outside VelociPan LLC's direct control and may affect grading accuracy or availability.
  • 2.8 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 LLC 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.
  • 2.9. Authorization & School Approval: VelociPan LLC does not verify, audit, or confirm that you have obtained authorization from your school or district to use the Service. We rely entirely on your warranty in Section 1.2 that you are authorized and have obtained necessary consents. VelociPan LLC is a software tool provider only, not a FERPA Business Associate, school official, or service provider with independent legal compliance obligations. We do not assume FERPA, COPPA, or other student privacy law compliance duties. We provide privacy-protective technical controls (encryption, data minimization, zero-retention AI options), but legal compliance depends entirely on your authorization and proper use. Only your school or district, in a separate written agreement with VelociPan LLC, could designate us as a Business Associate; no such relationship is established by these Terms. If you use the Service without school authorization, you are in material breach and shall indemnify VelociPan LLC for all liabilities, damages, regulatory penalties, and legal costs. Your school or district shall not have any claim against VelociPan LLC for losses resulting from unauthorized teacher use; the teacher alone is liable. These Terms are between you (the teacher) and VelociPan LLC only—your school has no rights under these Terms unless it has signed a separate Data Processing Agreement or similar contract with VelociPan LLC.

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, school/district policies, and your institution's AI use policies, including those related to student data privacy (e.g., FERPA, COPPA, GDPR, state-specific student privacy laws). You represent and warrant that you have authority to use this Service and that your use does not violate your school or institution's acceptable use policies or AI governance frameworks. You further acknowledge that VelociPan LLC does not verify your authorization status and relies solely on your warranty. If you receive any notice of FERPA, COPPA, or other privacy law violation from your school, district, or regulatory authority, you shall immediately notify VelociPan LLC and indemnify it for all resulting liability, including regulatory penalties, investigation costs, and legal fees.
  • 3.3. Student Consent & Documentation: 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. You should document and retain proof of all consents obtained. You are solely responsible for communicating to students and families how the Service will be used, what data will be processed, and how AI will be involved in their grading.
  • 3.4. Manual Review & Grade Accuracy: You MUST manually review all AI-generated grades and feedback before they are finalized and presented to students. You are solely and ultimately responsible for ensuring the accuracy, appropriateness, and fairness of all grades you assign. If you enable the "Save to Classroom" checkbox for automatic grade publication, you acknowledge that you have reviewed the AI-generated grades and determined them to be accurate. You must actively monitor and audit grades in Classroom to detect any errors or inappropriate AI output. You agree to immediately correct any inaccurate, biased, or inappropriate grades generated by the Service, whether already published or not.
  • 3.5. 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.
    • Publish grades to students or parents without first manually reviewing them for accuracy and bias.
    • Use the Service as the sole basis for high-stakes grading decisions without supplementary human review and oversight.
    • Bypass, disable, or remove the manual review requirement built into the Service's workflow.
    • Use the Service to circumvent your school or district's AI use policies or student privacy protections.
    • Access, view, or grade assignments or student data from courses you do not teach or have authorization to access.
    • 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.
  • 3.6. Data Input & Processing: 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. This data is then sent to your selected AI provider (Gemini, Groq, or OpenRouter) 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 submission data on our servers beyond the ephemeral processing required to complete a grading job. The specific data retention practices depend on your selected AI provider (e.g., Groq implements zero-retention).

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. You are responsible for reviewing and understanding our Privacy Policy before using the Service with student data.
  • 4.2. Data Encryption & Security Standards: We implement encryption and security measures to protect sensitive data, including: (a) AES-256-GCM encryption for authentication tokens and sensitive data stored at rest; (b) encrypted transmission of data over HTTPS/TLS; (c) Google Cloud Secret Manager for secure storage of API keys and credentials; and (d) Google Cloud Data Loss Prevention (DLP) scanning to detect and prevent unintended exposure of sensitive data. However, no security system is 100% secure. Data transmitted over the internet may be intercepted despite encryption measures. You are responsible for maintaining the security of your Google Account credentials and for monitoring your account for unauthorized access.
  • 4.3. Temporary Data & Automatic Deletion: Temporary files and data created during the grading process (e.g., intermediate processing files, API request/response logs) are automatically deleted according to our data retention policies and cloud provider lifecycle policies. We do not retain student submission data on our servers beyond the minimum time necessary to complete grading and return results to you. Specific data retention timelines depend on the AI provider selected and are detailed in our Privacy Policy. You acknowledge that you are responsible for managing your own data backups and retention in Google Classroom and Google Drive.
  • 4.4. Third-Party Services & Dependencies: The Service is built on and relies on third-party services, including: (a) Google Cloud Platform for backend infrastructure, databases, and cloud storage; (b) Google Classroom API for assignment and submission data; (c) Google Drive and Google Sheets APIs for file storage and grading outputs; (d) Google's Gemini AI, Groq API, and/or OpenRouter for AI grading services; (e) Polar.sh for subscription management and payment processing; and (f) other third-party integrations as may be added over time. Your use of these services is subject to their respective terms and policies. VelociPan LLC is not responsible for service interruptions, outages, data loss, or policy changes made by these third parties.
  • 4.5. AI Provider Data Handling: The specific data handling practices for each AI provider are as follows: (1) Groq: Implements a zero-retention policy; data is not stored beyond immediate processing; (2) Google Gemini: Operates under Google's FERPA compliance commitment; refer to Google's privacy documentation for specifics; (3) OpenRouter: Acts as an aggregator of multiple AI providers; data handling depends on the underlying provider. You should review each AI provider's terms and privacy policies before selecting a provider. Selecting Groq provides the strongest privacy guarantee (zero-retention).
  • 4.6. Limitation on VelociPan's Liability for Third-Party Failures: VelociPan LLC is not liable for any failures, outages, data loss, or security breaches caused by third-party services, including Google Cloud Platform, Google APIs, AI providers, or Polar.sh. Your use of the Service implicitly consents to the involvement of these third parties and their data handling practices.

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 LLC 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 LLC, 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), REGARDLESS OF THE LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE IN THE LAST TWELVE (12) MONTHS, OR FIFTY U.S. DOLLARS ($50), WHICHEVER IS GREATER. This liability cap applies to all claims and damages of any kind, including but not limited to claims arising from data loss, security failures, service interruptions, third-party service failures, or any other cause whatsoever.
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  • 7.3. Assumption of Risk: You acknowledge that you are solely responsible for evaluating the risks associated with using the Service with student data, and that you assume all risks associated with such use. You further acknowledge that VelociPan LLC has advised you of these limitations and that you have accepted them in exchange for using the Service.
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8. Indemnification

You agree to defend, indemnify, and hold harmless VelociPan LLC, 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. Any prior negotiations, representations, or agreements are superseded by these Terms.
  • 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, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
  • 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 or notice.
  • 10.5. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law principles, except as provided in the Dispute Resolution section (Section 14).
  • 10.6. Changes to Terms & Notification: We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. For material changes that increase your obligations or reduce your rights, we will provide at least 30 days' written notice via email or through the Service. Your continued use of the Service after such notification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
  • 10.7. Contact Information & Support: For any questions about these Terms, privacy concerns, or to exercise data subject rights, please contact us via our official support form. For urgent matters, attempts to contact VelociPan LLC should be made as promptly as possible through the support form.

11. Subscription & Billing

  • 11.1. Subscription Services: The Service may be provided on a subscription basis through Polar.sh, a third-party payment processor. By subscribing to the Service, you agree to pay the applicable fees and charges as stated during checkout. Your subscription will renew automatically according to the selected billing period unless you cancel.
  • 11.2. Free Trials: VelociPan LLC may offer free trial periods to new users. Upon expiration of the trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. You will be notified of the impending conversion with sufficient notice. It is your responsibility to cancel before the trial expires if you do not wish to be charged.
  • 11.3. Cancellation & Refunds: You may cancel your subscription at any time through the Polar.sh subscription management portal. Cancellation will take effect at the end of your current billing period. For refund requests or disputes regarding charges, please contact Polar.sh directly; VelociPan LLC's refund policy is non-refundable for services already rendered, unless otherwise required by applicable law. Polar.sh maintains its own refund policies that may apply.
  • 11.4. Price Changes: VelociPan LLC reserves the right to change subscription pricing with reasonable notice (at least 30 days). Continued use of the Service after notice of a price change constitutes acceptance of the new pricing.

12. GDPR & Data Subject Rights

  • 12.1. Scope: This section applies if you are accessing the Service from the European Union, European Economic Area, Switzerland, or if your use involves personal data of individuals in these regions.
  • 12.2. Data Subject Rights: If you are a data subject or are processing personal data subject to the General Data Protection Regulation (GDPR), you have certain rights including: (a) right to access your personal data; (b) right to rectification of inaccurate data; (c) right to erasure ("right to be forgotten") under certain circumstances; (d) right to restrict processing; (e) right to data portability; (f) right to object to processing. To exercise any of these rights, please contact us via the support form linked in Section 10.5.
  • 12.3. Data Processing Agreement: If required by GDPR, VelociPan LLC will enter into a Data Processing Agreement (DPA) with educational institutions. Please contact us to request a DPA if your institution requires one.
  • 12.4. International Data Transfers: Your personal data and student data may be transferred to and processed in the United States or other countries where VelociPan LLC or its service providers operate. By using the Service, you consent to such transfers. VelociPan LLC will take appropriate measures to ensure adequate protection of data transferred internationally, in compliance with applicable law.

13. Support & Service Maintenance

  • 13.1. Support: VelociPan LLC provides support to Service users via the online support form available on the Service. We will make reasonable efforts to respond to support requests, but response times are not guaranteed. Support is provided on an as-available basis and is subject to VelociPan LLC's discretion.
  • 13.2. Service Availability & Maintenance: While we strive to maintain high availability of the Service, we do not guarantee any specific uptime or availability percentage. The Service may be subject to planned maintenance, updates, or temporary outages. We will make reasonable efforts to notify users of scheduled maintenance but are not liable for service interruptions or data loss resulting from maintenance or technical issues.
  • 13.3. Service Modifications & Discontinuation: We reserve the right to modify, suspend, or discontinue the Service (or any features thereof) at any time. If we discontinue the Service, we will provide reasonable notice to affected users and make reasonable efforts to facilitate data export or migration. However, we are not liable for any consequences resulting from modification or discontinuation of the Service.

14. Dispute Resolution

  • 14.1. Dispute Resolution: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Honolulu, Hawaii, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.