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Term and Conditions

Term and Conditions

Terms and Conditions for Graded.pro
Effective as of 9/5/26

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the Graded.pro website, mobile applications, and related services (the “Service”). By creating an account or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

The Service is operated by EdSystems Ltd, a company registered in England and Wales (company number 16551984), with its registered office at 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ (“EdSystems”, “Graded Pro”, “we”, “us”, or “our”).

2. Use of the Site and Services

Graded.pro provides an AI-assisted marking and feedback service for educational use. The Service may interface with an educational institution’s Learning Management System (such as Google Classroom) or allow direct submission of work via our website and mobile applications. We use the OpenAI API to assist with the evaluation of submitted work and the generation of feedback and grades.

3. Eligibility

  1. Permitted users. The Service is intended for use by educators, school administrators, students participating in educational use of the Service via their school, and individuals exploring the Service for educational purposes.
  2. Age. You must be at least 18 years old to create an account in your own name. Students under 18 may submit work to the Service only through accounts and assignments set up by their teacher or school.
  3. Accuracy and authority. By accepting these Terms, you represent that the information you provide is accurate, that you have the legal capacity to enter into these Terms, and — where applicable — that you have the authority described in clause 4 below.

4. Roles, Authority, and Pupil Data

This clause is central to how Graded Pro is used responsibly. Please read it carefully.

  1. Controller and processor — school context. Where you upload, submit, or otherwise cause the Service to process work, names, or other information relating to identifiable students (“Pupil Data”) in your capacity as an employee, contractor, or other agent of a school or educational institution (your “School”), the School is the data controller for that Pupil Data, and EdSystems Ltd, trading as Graded Pro, acts as a data processor on the School’s behalf. This applies regardless of the account tier you use, and regardless of who pays for the account.
  2. Authority to upload Pupil Data in a school context. Where clause 4.1 applies, you may only upload Pupil Data to the Service if (a) your School has put in place a Data Processing Agreement with EdSystems Ltd covering that processing, or (b) you have express authority from your School to enter into such an agreement on its behalf, in which case our standard Data Processing Agreement (available here) is incorporated into these Terms by reference and is accepted by you on behalf of your School at the point of upload.
  3. Individual accounts in a school context. Where you are using the Service as an employee, contractor, or other agent of a School, Teacher Free and Teacher Pro accounts (together, “Individual Accounts”) are designed for professional use that does not involve real Pupil Data — for example, exploring features, generating sample rubrics, or working with anonymised, fictional, or your own materials. Where you wish to use the Service with real Pupil Data on a sustained basis in a school context, you must do so through a School Account governed by a Data Processing Agreement. We may decline to process, may require you to migrate to a School Account, or may suspend uploads where it appears that Pupil Data is being processed without an appropriate contractual basis. The position for independent tutors and self-employed educators is set out separately in clause 4.4.
  4. Independent tutors and self-employed educators. Where you are an independent tutor, self-employed educator, or otherwise acting as your own data controller for the student data you process (rather than on behalf of a School or institution), you may use an Individual Account to process student data on the basis that you accept these Terms and our Privacy Policy as the controller for that data. You remain responsible for your own obligations under applicable data protection law, including (where applicable) registration with the relevant supervisory authority, providing privacy notices to parents and students, identifying an appropriate lawful basis for processing, and obtaining any consents that may be required. Where you are engaged through an agency, a school-led tutoring programme, or any other institution that acts as the controller for the data, clauses 4.1 to 4.3 apply and you must access the Service through that institution’s arrangements.
  5. Your representations. By uploading Pupil Data, you represent and warrant that: (a) you have the authority described in clause 4.2 (where you act on behalf of a School), or you are acting as your own controller as described in clause 4.4 (where you are an independent tutor or self-employed educator); (b) the upload is for a legitimate educational purpose authorised by the relevant controller; (c) any privacy notices required under applicable data protection law have been provided, and any consents required have been obtained, from parents and students; and (d) you have removed unnecessary identifiers and limited the data uploaded to what is required for the marking task.
  6. Indemnity. You agree to indemnify and hold harmless EdSystems Ltd against any claim, loss, fine, or regulatory action arising from your upload of Pupil Data without the authority or contractual basis described in this clause, or arising from a material breach of the representations in clause 4.5.

5. Account Setup and Security

  1. Registration. Users must create an account to access certain features of the Service. You agree to provide accurate registration information and to keep it up to date.
  2. Responsibility. You are responsible for safeguarding the confidentiality of your login credentials and for all activities carried out under your account.
  3. Notification. You agree to notify us immediately if you suspect any unauthorised use of your account or any other breach of security.
  4. No sharing. Accounts are personal to the registered user. You may not share your credentials with, or transfer your account to, another person without our prior written consent.

6. Acceptable Use

  1. Prohibited activities. You may not use the Service for any unlawful or prohibited purpose, nor in any manner that could damage, overburden, or impair our systems or interfere with other users’ access to and enjoyment of the Service.
  2. Pupil Data. You may not upload Pupil Data except in accordance with clause 4. In particular, you must not use Individual Accounts as a route to process real Pupil Data outside a School Account and Data Processing Agreement.
  3. Special category data. You must not upload special category personal data (including data revealing racial or ethnic origin, religious beliefs, health information, sexual orientation, or biometric data) unless your School has expressly authorised that processing in writing and the relevant condition under Article 9 of the UK or EU GDPR is satisfied.
  4. No reverse engineering. You may not attempt to reverse engineer, decompile, or otherwise extract source code or model behaviour from the Service.
  5. Compliance with laws. You agree to abide by all applicable laws and regulations when using the Service, including data protection legislation such as FERPA (where applicable), COPPA, and the UK and EU GDPR.

7. Intellectual Property

  1. Ownership of the Service. The content, organisation, design, graphics, software, compilation, and other proprietary elements of the Service are owned by EdSystems Ltd or our licensors and are protected by intellectual property laws.
  2. Restrictions. You may not copy, redistribute, modify, or publish any material from the Service without our prior written permission, except as expressly permitted by these Terms or by law.
  3. Your content. You retain all rights in the content you upload, subject to the rights of third parties such as students and Schools. You grant EdSystems Ltd a limited, non-exclusive licence to host, process, and display that content solely as required to provide the Service to you and, where applicable, to your School. We do not use Pupil Data to train AI models.

8. Copyright

You do not acquire ownership rights to any content, documents, or other materials accessed through the Service except as expressly granted in these Terms. Any unauthorised use of protected materials is strictly prohibited.

9. Privacy and Regulatory Compliance

  1. Privacy Policy. Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference and describes how personal data is processed.
  2. Data Processing Agreement. Where the Service is used to process Pupil Data, our Data Processing Agreement governs the controller–processor relationship between your School and EdSystems Ltd. In the event of a conflict between these Terms and a signed Data Processing Agreement, the Data Processing Agreement prevails in respect of the processing of Pupil Data.
  3. FERPA, COPPA, UK and EU GDPR. We design the Service for compliance with FERPA (where applicable), COPPA, the UK GDPR, and the EU GDPR, and we support Schools in meeting their obligations under those regimes. Specific commitments are set out in our Privacy Policy and our Data Processing Agreement.

10. Disclaimer

  1. As-is. The Service is provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law, all warranties, express or implied — including warranties of merchantability, fitness for a particular purpose, and non-infringement — are disclaimed.
  2. AI-assisted output. Output generated by the Service is AI-assisted and is intended to support, not replace, the professional judgement of a qualified educator. You acknowledge that AI-assisted marking may produce errors, omissions, or inconsistencies. You are responsible for reviewing AI-generated grades and feedback before they are returned to students or used for any educational decision.
  3. No guarantee of availability. We do not guarantee uninterrupted or error-free operation of the Service.

11. Use of Credits

  1. Deduction of Credits. Upon submission of any student work for marking, the required number of credits will be deducted from your account balance.
  2. Non-Refundable. Credits used for a marking session are non-refundable. Dissatisfaction with the results, or inability of the AI to evaluate a particular submission, does not entitle you to a refund of credits.
  3. Acceptance of Risk. By using the Service, you acknowledge and accept that the outcomes of AI-assisted marking may vary.

12. Limitation of Liability

  1. To the fullest extent permitted by law, EdSystems Ltd’s total aggregate liability to you in connection with these Terms or the Service is limited to the greater of (a) the amount paid by you to us in the twelve months preceding the event giving rise to the claim, or (b) £100.
  2. In no event will EdSystems Ltd be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill.
  3. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

13. Amendments

We may revise these Terms from time to time. Material changes will be posted on this page and, where reasonably practicable, communicated to account holders by email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law and Jurisdiction

  1. General. These Terms are governed by and construed in accordance with the laws of England and Wales. You and EdSystems Ltd agree that the courts of England and Wales have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms or the Service, except as provided below.
  2. Data protection. Nothing in these Terms restricts the rights of Schools, students, parents, or staff under any applicable data protection law, or the jurisdiction of the relevant data protection regulator. Data protection matters affecting Schools, students, or staff outside the United Kingdom are governed by the data protection law of the relevant jurisdiction, without prejudice to clause 14.1 in respect of other matters.
  3. Consumer rights. Where you are a consumer resident outside the United Kingdom, nothing in these Terms affects mandatory consumer protections or rights of redress in your country of residence, including any right to bring proceedings in your local courts where applicable law requires.

15. Contact Us

For general questions about these Terms, please contact us at [email protected].

For data protection questions — including subject access requests, breach notifications, or questions about our role as processor or controller — please contact our Data Protection Officer:

Data Protection Officer
EdSystems Ltd (trading as Graded.Pro)
71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom
Email: [email protected]

These Terms and Conditions are effective as of 9/5/26 and supersede all previous versions.