Gradewing Terms & Conditions

Effective Date: June 18, 2025

Welcome to Gradewing! These Terms & Conditions ("Terms") govern your access to and use of the Gradewing platform and services (collectively, the "Service"), provided by Gradewing ("we," "our," or "us").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Gradewing. By creating an account, logging in, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a school or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Definitions

"User," "You," "Your": Refers to any teacher, administrator, or other authorized individual accessing or using the Service.
"School": Refers to the educational institution that has entered into an agreement with Gradewing for the use of the Service.
"Student Data": Refers to any personally identifiable information about students, including grades, teacher comments, gender, subjects enrolled, and group affiliations (e.g., SEN), entered or processed through the Service by the School or its Users.
"Teacher Data": Refers to information about individual teachers, including email and gender, entered or processed through the Service.
"Content": Refers to all information, data, text, software, graphics, images, video, audio, and any other material or content made available through the Service.
"Service": Refers to the Gradewing grading platform, including its website, applications, and all related services, features, and functionalities.

3. User Accounts

Account Creation: To use the Service, you must create an account. Accounts are typically provisioned or approved by your School. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Account Security: You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify Gradewing immediately of any unauthorized use of your account or any other breach of security. Gradewing will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Authorized Use: Your account is for your exclusive use within the scope of your employment or affiliation with the School. You may not share your account or login credentials with any other person.

4. License to Use the Service

Subject to your compliance with these Terms, Gradewing grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for the School's educational purposes. This license does not include any right to:

Modify, adapt, translate, or create derivative works from the Service.
Decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Service.
Rent, lease, sell, sublicense, or otherwise commercially exploit the Service.
Use the Service for any purpose other than as explicitly authorized by Gradewing and your School.

5. User Responsibilities and Acceptable Use

You agree that you will not, directly or indirectly:

Comply with Laws: Use the Service in any way that violates applicable local, state, national, or international laws, including but not limited to privacy laws such as the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), and the General Data Protection Regulation (GDPR), as applicable.
Respect Privacy: Upload, post, or transmit any Student Data or Teacher Data without proper authorization from the School and in compliance with all relevant privacy laws and policies.
No Unauthorized Access: Attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Gradewing server.
Interfere with Service: Interfere with or disrupt the operation of the Service or the servers or networks connected to the Service.
Malicious Software: Upload or transmit any viruses, worms, defects, Trojan horses, or any other malicious code.
Misrepresentation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Commercial Use: Use the Service for any commercial purpose other than those permitted under your School's agreement with Gradewing.
Data Integrity: Ensure that all data you input into the Service is accurate and truthful to the best of your knowledge.

6. Intellectual Property

Gradewing Ownership: All rights, title, and interest in and to the Service, including all Content, software, technology, and intellectual property rights, are and will remain the exclusive property of Gradewing and its licensors.
Your Content: You retain all rights to any Content you submit, post, or display on or through the Service, including Student Data and Teacher Data. By submitting Content, you grant Gradewing a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, distribute, and display such Content solely for the purpose of operating, providing, and improving the Service, and in accordance with our Privacy Policy and our agreement with your School.

7. Data Privacy

Your privacy is critically important to us. Our Privacy Policy, available on our website, explains how we collect, use, and protect your personal information, including Student Data and Teacher Data. By using the Service, you agree to the collection and use of your information in accordance with our Privacy Policy. We are committed to complying with FERPA, COPPA, GDPR, and other applicable data privacy laws.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY 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. GRADEWING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRADEWING, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Gradewing, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any User Content you submit, your violation of any law or the rights of a third party, or your use of the Service in any manner not expressly authorized by these Terms.

11. Termination

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. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, please contact your School administrator.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be settled by arbitration in Madrid, Spain, using the English language in accordance with the rules of the Court of Arbitration of Madrid.

14. Miscellaneous

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.
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 Gradewing's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement: These Terms, together with our Privacy Policy and the agreement between Gradewing and your School, constitute the entire agreement between you and Gradewing regarding the Service.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Gradewing Support
hello@gradewing.com