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Terms of Service

Last updated: August 17, 2026

1. Agreement to Terms

These Terms of Service ("Terms") form a binding agreement between you and Ezergrade ("Ezergrade," "we," "us," or "our") governing your access to and use of the Ezergrade platform at https://ezergrade.com and all related services (collectively, the "Service").

For purposes of these Terms, "Ezergrade" means Ezergrade LLC, a California limited liability company, the owner and operator of the Ezergrade service. If the Service is later operated by another legal entity, these Terms may be assigned to that entity as described in Section 19.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service.

If you are using the Service on behalf of a school, co-op, microschool, tutoring business, or other organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

If you are accepting these Terms on behalf of students under the age of 18, see Section 5 ("Student Participation") and the Children's Privacy section of our Privacy Policy for additional terms governing student use.

2. Description of the Service

Ezergrade is an AI-enhanced, audio-paced spelling assessment platform. A teacher creates or uploads a word list once and delivers it through one or more modes — a live synchronized Class Test, a supervised Self-Paced test, an unsupervised At-Home Practice, or a Paper test graded via photo scan — and every result is stored in a single, unified grade record regardless of delivery mode.

Ezergrade is an assessment tool, not a curriculum or teaching platform, and not a general-purpose learning management system. Grading on digital test modes is objective (exact string match against the answer key, subject to the capitalization rule described in-product) — Ezergrade does not use artificial intelligence to judge or score spelling correctness. Optional AI-assisted features (such as the AI Word Generator, file import parsing, optional student feedback, and paper-scan OCR) are distinct from grading. AI-generated outputs from these features may be inaccurate, incomplete, or require adjustment and must be reviewed by the teacher before use with students.

"Ezergrade™" and "Honest Input™" are trademarks of Ezergrade. Honest Input™ refers to our practice of disabling browser and device autocorrect, autocomplete, autocapitalize, and spellcheck on student input fields during digital test modes so a student's typed answer reflects what they actually spelled, together with — in supervised test modes — the detection and logging of a student leaving fullscreen or switching to another application or window during a test.

The Service is intended for classroom, homeschool, tutoring, and low-stakes educational assessment workflows. It is not designed for high-stakes testing, legally mandated accommodations determinations, official transcripts, or any use where an error could materially affect a student's legal rights without independent human review.

3. Beta, Pilot, and Pre-Launch Features

Some features of the Service may be offered as beta, pilot, preview, early-access, or pre-launch features ("Beta Features"). Beta Features may be incomplete, may contain errors, may change materially before full release, and may be limited, suspended, or discontinued at any time, with or without notice where reasonable under the circumstances.

You should not rely on Beta Features as your sole system of record for important student records, grading, compliance, or school reporting unless you have independently reviewed and confirmed the results. We may reset, modify, or delete data associated with Beta Features where reasonably necessary to test, improve, secure, or maintain the Service.

If the Service or any feature is offered for free during a beta or pilot period, we do not guarantee that the same features, limits, credits, or pricing will remain available after that period ends. We may require a paid subscription to continue using some or all features after a free, trial, promotional, or beta period concludes.

4. Accounts and Eligibility

Who May Register

Ezergrade accounts are intended for teachers, homeschool parents, co-op and microschool administrators, and other adults responsible for administering assessments. You must be at least 18 years old to create a teacher account. By registering, you represent that the registration information you provide is accurate and that you will keep it up to date.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@ezergrade.com if you suspect unauthorized access to your account. We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your credentials.

One Account Per Teacher

Accounts are issued per individual teacher or administrator. Schools or organizations with multiple teachers should each register their own account or use a plan designed for multiple logins, as described on our pricing page. Sharing a single login across multiple teachers without an appropriate plan is not permitted.

5. Student Participation

Students do not create their own Ezergrade accounts, do not register independently, and do not agree to these Terms themselves. Students join a test session using a class code provided by their teacher and identify themselves with a name and a teacher-assigned student number only.

Ezergrade's own responsibility. Ezergrade is the operator of this Service. We remain responsible for our own obligations under the Children's Online Privacy Protection Act ("COPPA") — including giving notice of our data practices, securing children's information, limiting how long we keep it, and honouring parental requests to review or delete it.

Your responsibility. You are responsible for: (a) having the authority described below, and obtaining any parental consent or notice your setting, school policy, or applicable law requires, before adding a student to the Service; (b) supervising student use of the Service appropriately for the student's age; and (c) determining whether the Service is suitable for a particular student.

What we collect from students, and how to give notice. When a student joins a session we collect their first name, last name, and teacher-assigned student number, together with their answers and, automatically, the technical information needed to run and secure the session. Our Privacy Policy sets this out in full and is written so that it can be shared with parents for that purpose. Schools can request our data processing agreement at support@ezergrade.com.

Who holds that authority depends on your setting, and holding an Ezergrade account does not by itself confer it:

  • Schools and school-authorized educators — a school may authorize the collection of limited student information for a school-directed educational purpose to the extent applicable law permits, and remains responsible for any parental notice or consent its own policies and law require.
  • Homeschool parents and guardians — you authorize your own child's participation directly.
  • Co-ops, microschools, and homeschool programs — where participating families have delegated the choice of instructional tools to the program, the program may authorize collection the way a school does.
  • Private tutors — Ezergrade does not currently support private tutors adding students under 13, because a private tutor is neither a school nor the child's parent. If your students are 13 or over, or you run a tutoring centre with enrolled students, contact support@ezergrade.com.

By adding a student, you represent that you are the student's parent or guardian, or that you have authorization from the student's parent, guardian, or school to enroll that student. Ezergrade relies on that representation. See the Children's Privacy and COPPA section and the FERPA section of our Privacy Policy for how we handle student data.

Educational Use and Student Data

When the Service is used by a school, co-op, microschool, tutor, homeschool parent, or other educational organization to administer assessments, Ezergrade processes student data only to provide, maintain, and secure the Service — not for targeted advertising or sale of student data.

You represent that your use of the Service is for an educational purpose and that you have any authority or consent required to provide student information to Ezergrade. You are responsible for making any notices available to parents or guardians that your school, co-op, homeschool, or applicable law requires.

6. Subscriptions, Credits, and Payment

Plans

Ezergrade offers free and paid subscription plans as described on our pricing page at the time of purchase. Paid plans may include limits such as the number of students, classes, or logins included, and are billed in advance on a recurring basis (e.g., annually) unless otherwise stated at checkout.

Credits

Certain optional features — including the AI Word Generator, AI-assisted file import clean-up, optional AI spelling feedback, and paper-scan grading — are metered using "AI credits" or "scan credits" rather than included unlimited in a subscription. Credits are consumed at the rate disclosed in-product at the time of use.

Both AI credits and scan credits come in two kinds. Included starter credits are a one-time allocation granted as part of a paid subscription plan, in the amount disclosed on the pricing page. They are granted once when you first subscribe to a plan tier, and again if you upgrade to a higher plan tier — they do not recur, renew, or recharge on a schedule, and switching billing interval within the same tier or downgrading does not grant them again. Purchased credits (credit top-up packs, and credits transferred to you by a school administrator) do not expire while your account remains active, unless otherwise stated at checkout. When you use a credit-metered feature, included starter credits are consumed first, then purchased credits. Your current balance of each kind is shown in your account settings.

Credits may be lost if your account is deleted or terminated. Unused credits of either kind do not entitle you to a cash refund except as required by law or as otherwise stated at the time of purchase.

Billing, Renewal, and Cancellation

Paid subscriptions are processed through our third-party payment processor (Stripe). Before you complete a subscription purchase, we will disclose the renewal price, billing frequency, cancellation method, and any free-trial or promotional terms at checkout. By subscribing, you authorize Ezergrade and Stripe to charge your chosen payment method for the applicable fees, including automatic renewal charges, until you cancel. We do not store your full payment card number.

You may cancel automatic renewal at any time from your account settings. Cancellation takes effect at the end of the then-current billing period; you will retain access to paid features through the remainder of the period you already paid for.

Changing plans. Upgrading an individual plan — to a higher tier (for example, Homeschool to Teacher) or from monthly to annual billing — takes effect immediately, and we charge the prorated difference rather than the full new price. If you stay on the same billing interval, your renewal date is unchanged. If you change the billing interval — monthly to annual — a new billing period starts that day and your renewal date moves accordingly. Downgrading — to a lower tier, or from annual to monthly billing — is scheduled to take effect at the end of your current paid period. You do not need to cancel: your current plan stays active for everything you have already paid for, the smaller plan then starts automatically on your renewal date, and your account settings show the pending change and a "keep current plan" option to undo it any time before that date. Reducing the number of teacher logins on a school plan follows the same rule. In all cases your account data and your existing credit balance carry over. Starter credits are a one-time allocation up to the highest plan tier and interval you have held; a change adds starter credits only to the extent the new plan's starter amount exceeds what you have already received, and never on a downgrade. Moving between an individual plan and a school administrator account is done by creating the account you want; it is not an in-place plan change.

Free, Trial, and Promotional Access

Free, trial, promotional, or beta access to the Service or any feature may be limited, modified, or discontinued at any time. We may require a paid subscription to continue using some or all features after the free, trial, promotional, or beta period ends. Unless otherwise stated at the time of access, free or trial access does not entitle you to any refund upon transition to a paid plan.

Refunds

Free trial of the core product. Every new account includes a 14-day free trial of Ezergrade's core spelling assessment workflow — creating word lists and running the live, self-paced, homework, and paper test modes, along with grading, records, and CSV export, which do not use credits. Because you can fully test the core product before paying, paid subscriptions are generally non-refundable once purchased, except where required by applicable law.

Credits included with a plan. Each paid plan includes a one-time starter allocation of AI and scan credits at no separate charge (granted when you subscribe, and again if you upgrade to a higher plan tier — not on a recurring basis). These included starter credits are a benefit of the subscription, not a separately purchased item; using them counts as using your subscription.

Optional credit top-ups are non-refundable. AI credit packs, scan credit packs, and any other credit top-ups you choose to purchase in addition to your plan are optional and are non-refundable. They are delivered to your account immediately on purchase, and any credits — included or purchased — are non-refundable once used, because using them draws on real third-party processing costs.

First-subscription grace period. For a first-time paid subscription, we may review a refund request made within 7 days of purchase if none of the AI or scan credits on the account — included or purchased — have been used. Where permitted by applicable law, an approved refund may be reduced by non-refundable payment processing fees, which our payment processor does not return to us when a payment is refunded.

Duplicate charges, accidental double payments, and billing errors will be corrected as fairly as possible. To request a review, contact support@ezergrade.com.

You may cancel renewal at any time from your account settings. Canceling stops future renewal charges but does not automatically refund payments already made for the current period, and you retain access through the end of the period you have paid for.

Price Changes

We may change subscription pricing or credit pricing from time to time. We will provide reasonable notice of any price increase before it applies to your next renewal. Continuing to use the Service after a price change takes effect constitutes acceptance of the new price.

Taxes

Fees do not include applicable sales, use, or value-added taxes unless stated otherwise. You are responsible for any such taxes associated with your purchase, excluding taxes based on Ezergrade's net income.

7. Acceptable Use

You agree not to, and not to permit students or other authorized users to:

  • Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law
  • Upload, generate, or transmit content that is obscene, hateful, harassing, defamatory, or otherwise inappropriate for a school audience that includes children
  • Upload documents containing unnecessary sensitive personal information, including Social Security numbers, government ID numbers, medical information, home addresses, birthdates, disciplinary records, financial information, or information unrelated to the assessment — for paper-scan grading, use student numbers or initials rather than full names wherever practicable
  • Attempt to gain unauthorized access to another teacher's account, class, students, or data
  • Interfere with or attempt to circumvent the assessment integrity features (Honest Input™, fullscreen lockdown, focus detection, or the integrity log) for the purpose of misrepresenting test results
  • Probe, scan, or test the vulnerability of the Service, or attempt to bypass any rate limiting, credit metering, or security control
  • Scrape, harvest, or extract data from the Service using automated means, except through features we explicitly provide (such as CSV export)
  • Reverse engineer, decompile, or disassemble any portion of the Service, except to the extent such restriction is prohibited by applicable law
  • Resell, sublicense, or provide access to the Service to third parties outside the scope of your subscription plan
  • Use the Service to build or train a competing product
  • Misrepresent your identity or your authority to enroll students or act on behalf of a school or organization

We may investigate suspected violations and may suspend or terminate access for accounts that violate this section, as described in Section 16 (Term and Termination).

8. Teacher and Organization Responsibilities

  • You are responsible for the accuracy of the word lists, class rosters, student names, and student numbers you enter or upload
  • You are responsible for determining what student information, if any, is appropriate to include on physical answer sheets submitted for paper-scan grading (we recommend a student number only, not a full name)
  • You are responsible for complying with your school's or jurisdiction's policies regarding student data, recording, and assessment, including obtaining any parental consent your context requires
  • You are responsible for reviewing "Needs a Look" items flagged during paper-scan grading before relying on the results
  • You are responsible for enabling, disabling, and reviewing optional AI features (such as AI spelling feedback) for your own classes

Ezergrade provides assessment tools, automated scoring, OCR suggestions, and review workflows, but the teacher or organization remains responsible for all final grading decisions, record review, corrections, and use of results. Ezergrade's output is an aid to, not a substitute for, teacher judgment.

We may reject, fail to process, or require re-upload of scans that are blurry, incomplete, corrupted, unsupported, excessively large, or otherwise unsuitable for OCR processing.

9. Intellectual Property

Ezergrade's Property

The Service, including its software, design, curated word database, and all associated trademarks — including Ezergrade™ and Honest Input™ — are owned by Ezergrade or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own teaching, tutoring, or assessment purposes in accordance with these Terms. No other rights are granted.

Your Content

You retain ownership of the word lists, context sentences, class rosters, and other content you create or upload ("Your Content"). By submitting Your Content to the Service, you grant Ezergrade a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely as necessary to provide the Service to you (for example, playing audio of a word list back to your students, or generating context sentences). We do not use Your Content to train third-party AI models, and we do not sell Your Content.

Feedback

If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you, and you agree we owe you nothing for it.

10. Privacy and Student Data

Our collection and use of personal information, including student data, is described in our Privacy Policy, which also covers our COPPA and FERPA practices, our use of artificial intelligence, and our subprocessors. The Privacy Policy is incorporated into these Terms by reference.

Data Processing Agreement. Where you use the Service on behalf of a school, co-op, microschool, or other educational organization, our Data Processing Agreement ("DPA") also applies and is likewise incorporated into these Terms by reference. Agreeing to these Terms accepts the DPA — no separate signature is required for it to take effect. The DPA sets out our FERPA "school official" designation, the limits on how student data may be used, sub-processor and change-notification terms, breach notification, and data return and deletion. Where the DPA conflicts with these Terms on a data-protection matter, the DPA controls for the data it covers. If your organization requires a separately signed copy, or needs us to review your own data privacy agreement, contact support@ezergrade.com.

11. Third-Party Services

The Service integrates with or relies on third-party services, including payment processing, database and authentication infrastructure, hosting and content delivery, optional Google Classroom roster import and grade passback, optical character recognition for paper scanning, and AI providers used for optional AI features. Your use of these integrations, where optional, may also be subject to that third party's own terms. We are not responsible for the acts, omissions, or availability of third-party services we do not control.

Google Classroom Integration

If you connect Google Classroom, you authorize Ezergrade to access, import, display, store, and use Google Classroom course, roster, and coursework information only as needed to provide the integration you enable. You are responsible for confirming that imported rosters and pushed grades are accurate before relying on them. Grade passback to Google Classroom occurs only at your explicit direction and you remain responsible for the accuracy of grades pushed on your behalf.

Ezergrade's use and transfer of information received from Google APIs will comply with the Google API Services User Data Policy, including applicable Limited Use requirements.

12. Service Availability and Changes

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable for maintenance, updates, or causes outside our reasonable control.

We may add, change, or discontinue features of the Service at any time. Where a change materially reduces functionality you are actively paying for, we will provide reasonable notice where practicable.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT GRADING OR OCR RESULTS WILL BE PERFECTLY ACCURATE IN EVERY CASE, OR THAT DEFECTS WILL BE CORRECTED.

Paper-scan grading in particular relies on optical character recognition of handwriting and is not infallible. Confident matches are auto-graded and uncertain matches are flagged for your review — you remain responsible for reviewing flagged items and for the final grade record before relying on it.

We use reasonable administrative, technical, and organizational safeguards designed to protect the Service and the data we process, but no online service can guarantee absolute security.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EZERGRADE AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EZERGRADE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID EZERGRADE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

Your Statutory Rights

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, warranty, right, or remedy that applicable law gives you and does not permit to be excluded, restricted, or modified. Where the law of your country, state, or province gives you a right that conflicts with a provision of these Terms, that law applies to you instead of the conflicting provision, and the rest of these Terms continue to apply. This includes, without limitation, the non-excludable consumer guarantees under the Australian Consumer Law, mandatory consumer rights under EU and UK law, and mandatory rights under Canadian provincial consumer protection legislation.

15. Indemnification

You agree to defend, indemnify, and hold harmless Ezergrade and its owners, employees, and contractors from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms; (b) Your Content; (c) your violation of any law or the rights of a third party, including a student's parent or guardian; or (d) a dispute between you and any student, parent, or school arising from your use of the Service.

16. Term and Termination

By You

You may stop using the Service and delete your account at any time. Before deleting your account, you are responsible for exporting any records you need — for example, by downloading CSV grade reports from the results page. After deletion, we may not be able to recover your data.

Ezergrade is not intended to be your sole archival backup for legally required student records. You are responsible for exporting and retaining any records your school, homeschool, co-op, or jurisdiction requires you to keep. Deleting your account removes your associated data as described in the Data Retention section of our Privacy Policy.

By Us

We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for Ezergrade, or if required to do so by law. Where practicable, we will provide notice and an opportunity to cure before termination for non-payment.

Effect of Termination

Upon termination, your right to use the Service ends immediately. Sections of these Terms that by their nature should survive termination (including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution) will survive.

17. Dispute Resolution; Governing Law

Informal Resolution First

Before filing a claim against Ezergrade, you agree to first contact us at support@ezergrade.com and attempt to resolve the dispute informally. Most concerns can be resolved this way.

Small Claims Court and Courts

If a dispute cannot be resolved informally within 30 days, either party may bring it in court. For smaller disputes we encourage small claims court, which is faster and less expensive for both of us, and either party may bring a qualifying claim there. Any other dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in California, and you and Ezergrade each consent to the personal jurisdiction of those courts — except where applicable consumer protection law in your jurisdiction gives you the right to bring a claim, or requires a claim against you to be brought, somewhere else.

Either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to prevent unauthorized access, misuse of data, infringement of intellectual property, or other irreparable harm, without first completing the informal dispute resolution process.

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable consumer protection law in your jurisdiction provides otherwise.

18. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date above.

For changes that are not material, the updated Terms will become effective when posted. For material changes, we will provide reasonable notice by email, in-product notice, or another reasonable method before the changes take effect. Material changes will apply prospectively, not retroactively, unless required by law.

Your continued use of the Service after the effective date of updated Terms means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before the updated Terms take effect. If you have a paid subscription and a material change materially reduces your rights or access to paid features, you may cancel your subscription as described in the Billing section.

19. Miscellaneous

  • Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ezergrade regarding the Service and supersede any prior agreements on the subject.
  • Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be interpreted to best reflect its original intent.
  • No waiver. Our failure to enforce a provision of these Terms is not a waiver of our right to do so later.
  • Assignment. You may not assign these Terms without our written consent. We may assign these Terms to an affiliated entity, successor entity, or newly formed legal entity that owns or operates the Service, including in connection with LLC formation, incorporation, reorganization, merger, acquisition, or sale of assets, with notice as described in our Privacy Policy.
  • Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.
  • Notices. We may provide notices to you via the email address on your account or via in-product notice. You may provide notices to us at support@ezergrade.com.

Contact Us

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

Email: support@ezergrade.com

Website: https://ezergrade.com

Ezergrade™ is committed to providing a safe, honest assessment environment for teachers and students.