Terms of Service
Updated and Effective June 15, 2020
SwiftGrade is owned and operated by Educora Inc. (“Educora”, “us”, or “we”). SwiftGrade helps Teachers save time grading Student assessments, and provides Teachers and Students with feedback on these assessments.
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using SwiftGrade, because by using the Platform you accept and agree to be bound and abide by these Terms of Service.
You may use the Service only if you can form a binding contract with SwiftGrade, and only in compliance with these Terms and all applicable local, state, provincial, national, and international laws, rules and regulations. If you have agreed to these Terms on behalf of your organization, you represent that you have the authority to bind that organization to these Terms.
If you do not agree with these Terms, or if you do not have the necessary authority, then you must not access or use the SwiftGrade Platform.
2. Access and use of the Platform
The SwiftGrade Platform is intended for use by Teachers, professors and school staff (together, “Teachers”), their Students (“Students”), and the parents or guardians of Students (“Parents”). Only Teachers, Students, and Parents who agree to the Terms (each, a “user”, “you”, or ‘your’) may use the SwiftGrade Platform.
Teachers will either add Students to their classes themselves, or invite Students to their classes via a join code. users may access and use the Platform through third party browsers or comparable applications.
Students under the age 13 must have their Parents agree to the Terms and provide consent for their Students’ use of the Platform. Students under the age of 13 should review these Terms with their Parents to ensure that the child and the Parent understand and agree to them.
3. License for User Content
All Content added, created, uploaded, submitted, distributed, or posted to the Platform by Users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the User or Person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Platform is or will continue to be accurate.
The SwiftGrade Platform will provide access to User Content as indicated when you upload it or create it, and as provided in these Terms. Without further notice, however, work released by Teachers to Students will be made available to the Teacher’s designated Students. By scanning Student answer sheets, Student work will be revealed to Teachers and Students and Teachers will be able to see the result and feedback of this work, as well as all other applicable work history. If you opt out or terminate your account, all personally identifiable information associated with that account will be deleted.
By submitting public User Content through the Platform, you hereby do and shall grant us a worldwide, non- exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Platform and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each User of the Platform a non-exclusive, perpetual license to access your User Content through the Platform, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our use does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Platform. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Platform. We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Platform that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Platform or other products or services.
You are permitted to use the Platform for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Platform in any manner, or violating the Content Standards set below. No right, title or interest in or to the Platform or any content from the service is transferred to you, and all rights not expressly granted are reserved. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
4. User Responsibilities
To use the SwiftGrade Platform, you must create an account and provide information necessary to use the Platform. All activities that occur in connection with your account are solely responsible by you. You must keep your account authentication details secure and confidential. The only situation that you shall divulge your account credentials are if you are a Student under 13, and thus sharing credentials with your Parent.
Please notify us immediately of any unauthorized access or use of your account.
You may not impersonate another user or provide false information to gain access to the SwiftGrade Platform.
5. Acceptable Use
You agree that you (or any third party on your behalf) will only use the Platform in accordance with the following:
- Only use the Platform in compliance with all applicable laws, rules, and regulations, including FERPA, FIPPA, PIPEDA, FOIPPA, COPPA, GDPR etc. and any rules promulgated by your school, your school district, the Department of Education, or other educational authority regarding the sharing of Student information with SwiftGrade.
- Only use the Platform according to the terms of the pricing plan that you signed up for.
- Only use the Platform for its intended purpose, which is to grade assessments, view assessment results, and send assessment results feedback to Students.
- You will not provide access to the Platform to third parties that are not authorized to use it.
- You will not intentionally distribute a computer virus, launch a denial of service or Platform attack, or in any other way attempt to interfere with the functioning of the SwiftGrade Platform or any computer, communications system, or websites.
- You will not attempt to access or otherwise interfere with the accounts of other users of the service or Platform.
- You will not in any way defraud to deceive either SwiftGrade, the service, or any user of the service or Platform.
- You will not plan or engage in violation of any applicable local, state, provincial, national or international law or regulation.
- You will not provide inaccurate information or impersonate another person or entity.
In the event of your material breach any of the provisions of this section, SwiftGrade may suspend or terminate your access to the Platform, in addition to such other remedies as SwiftGrade may have at law or pursuant to these Terms of Service. These Terms of Service do not require that SwiftGrade take any action against you or any other customer for violating any provision in this section, but SwiftGrade is free to take any such action it sees fit.
6. Software & Intellectual Property
Educora retains all right, title, and interest in and to the Platform, including without limitation all software used to provide the Platform and all logos and trademarks reproduced through the Platform, and these Terms of Service does not grant you any intellectual property rights in or to the Platform or any of its components.
In order to use the Platform, you will need to accept the End User License Agreement terms and conditions (“EULA”) for any Software needed to use the Platform and for any other Software that you may choose to use with the Platform. You must accept the EULAs for the Software before installing or using the Software in connection with the Platform. The requirements and restrictions in these Terms apply to your use of Software for the purposes of the Platform regardless of whether such terms are included in the relevant EULA(s).
7. Paid Services
Certain aspects of The Platform may be provided for a fee or other charge (“Paid Services”). By electing to use paid aspects of the Platform, you agree to pay us the applicable fees and to additional terms relevant to the Paid Services. Failure to pay these fees will result in the termination of your Paid Services.
SwiftGrade may add or remove services and thus change or amend our fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
For users who have purchased a subscription or access our Paid Services you agree that:
- We may store your payment method. This allows us to avoid disruptions in your Paid Services as well as to use this payment method to pay for any other Paid Services you may buy.
- You will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. You can avoid future charges by cancelling before the renewal date.
- There are no refunds for Paid Services. However, you may end your use of the Platform, and the Paid Services, at any time.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
- All fees exclude any taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties. They will be assessed and added to the fees charged, as applicable.
- SwiftGrade uses a third party payment processor to handle all payment transactions, and all monetary transactions made through your use of the Platform are subject to any fees and additional terms that the processor may impose as well.
Personal Information is any recorded information that can be used to identify or contact a user as an individual.
This compliance includes the following principles:
- Only the Personal Information that is really needed should be collected
- The Personal Information should be used only for the intended purpose, and not be sold to third parties.
- The individual should be given the opportunity to see their Personal Information and correct it if it wrong.
- All Teacher and Student Personal Information and data should be stored on Canadian servers
If Personal Information is being transferred for processing by a
third party processor:
- i) it must only be used for the original purpose of processing
- ii) the third party processor must provide an equivalent level of protection the data would have received if it remained with SwiftGrade.
- The organization must be transparent about their practices handling Personal Information.
- The organization must provide reasonable security measures to protect Personal Information.
SwiftGrade uses reasonable security safeguards to ensure the protection of Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. We protect your login information and the transmission of data using Secure Socket Layer (SSL) technology.
SwiftGrade only works with 3rd party providers that provide an equivalent level of protection the Personal Information would have received if it remained within SwiftGrade.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
In the event that you learn or believe that any person, or entity, has breached your security measures or has gained unauthorized access to: (a) your Personal Information; (b) restricted areas of the Platform; or (c) SwiftGrade’s conﬁdential information (collectively, “Information Security Breach”) you must promptly notify SwiftGrade.
In the event of an Information Security Breach, you will provide SwiftGrade with reasonable assistance and support to minimize the harm and secure the data at issue.
10. Changes to Platform or Terms
SwiftGrade may make changes to the content and services offered on or through the Platform at any time. SwiftGrade may also change, update, add, or remove provisions of these Terms at any time. If we change these Terms, we will use commercially reasonable efforts to notify you of such changes; for example, we may send you an email if you have registered with us to use our Platform, or we may post a notice on the Site indicating that we changed our Terms. However, it is your responsibility to periodically check on the Site to see if these Terms have changed. By using this Site after SwiftGrade has updated these Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Platform and it’s services. The “last updated” date indicates the effective date of when these Terms were last revised.
This Platform may be linked to other websites that are not operated by SwiftGrade, including, without limitation, social networking, blogging, and similar websites through which you may be able to log into SwiftGrade using your existing account and log-in credentials for such third party websites, including without limitation, Google and Facebook (any and all of which of the foregoing listed websites may change from time-to-time) and websites that provide educational content (collectively, “Third-Party Sites“). Certain areas and features of the Platform may allow you to interact and/or conduct transactions with such Third- Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on SwiftGrade to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Platform.
You agree that SwiftGrade shall not, under any circumstances, be responsible or liable, directly or indirectly, to you or any third party, for any goods, services, information, resources, materials, and/or content available on or through any third-party sites and/or third-party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the products, services, content, or business practices of any third party.
You hereby agree to indemnify, defend, and hold harmless, SwiftGrade, its parents, affiliates, subsidiaries, suppliers, licensors, and business partners, and its and their respective officers, directors, employees, and agents (collectively, the “SwiftGrade Parties”) from and against any and all costs, damages, liabilities, losses, and expenses (including without limitation attorneys’ fees and costs of defense) any SwiftGrade Parties suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Platform and/or the Services, or the use of this Platform and/or the Services, by any person using your User name and/or Password violates any applicable law, rule or regulation, or the copyrights, trademark rights or other rights of any third party, including without limitation, the intellectual property, privacy, and/or publicity rights of any third party. For the avoidance of doubt, Teachers’ foregoing indemnification obligations expressly extend to the acts and omissions of their Students for whom they are responsible in accordance with these Terms.
13. Warranty Disclaimer
SwiftGrade has no special relationship with or fiduciary duty to you. You acknowledge that SwiftGrade has no control over, and no duty to take any action regarding: which users gains access to the Platform; what Content you access via the Platform; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release SwiftGrade from all liability for you having acquired or not acquired Content through the Platform.
The services, content, Platform and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services or Platform will be uninterrupted or error-free.
14. Limitation of Liability
In no event shall SwiftGrade or the other SwiftGrade parties be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including but not limited to, loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, strict liability or other tortious action, arising out of or in connection with the use of the Platform, services and/or materials, including without limitation, liability associated with any viruses which may infect your computer equipment or data, even if SwiftGrade knows there is a possibility of such damage.
In addition, in no event shall SwiftGrade or the other SwiftGrade parties’ total cumulative liability arising under or in connection with these terms, exceed the greater of: (i) one hundred US dollars (us$100); or (ii) the total amount of any fees you have paid SwiftGrade for the services of the Platform during the one (1) year period immediately preceding the event giving rise to the relevant SwiftGrade party’s liability.
Some jurisdictions do not allow certain limitations of liability, in such case, SwiftGrade Parties’ liability will be limited to the greatest extent permitted under the applicable laws of such jurisdiction.
15. Relationship of the Parties
Nothing in these Terms shall be deemed or construed as creating any agency relationship, partnership, or joint venture or any other form of legal association between you and SwiftGrade, and you may not represent to the contrary, whether expressly, by implication, appearance or otherwise.
16. Choice of Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of laws principles. Each party hereby expressly and irrevocably consents to the exclusive jurisdiction of the provincial and federal courts located in Vancouver, B.C in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief under this Agreement, or otherwise arising under or by reason of this Agreement.
17. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Neither party will be deemed to have waived any of its rights under these Terms of Service by lapse of time or by any statement or representation other than (i) by an authorized representative and (ii) in an explicit written waiver. No waiver of a breach of these Terms of Service will constitute a waiver of any prior or subsequent breach of these Terms of Service.
In the event that a provision of these Terms of Service is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms of Service will continue in full force and effect.
19. DCMA Notice
Since we respect artist and content owner rights, it is SwiftGrade’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please provide a notice in writing with the following information:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Platform;
- Information reasonably sufficient to permit SwiftGrade to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
20. Contact Information
To contact us regarding these Terms, please reach out to us at:Educora, Inc. 311-1010 Chilco Street, Vancouver, British Columbia, V6G 2R6, Canada