Terms of Service — Intelligrade

Last Updated: February 1, 2026

1. Introduction

Welcome to Intelligrade ("Intelligrade", "Service", "Platform", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our websites, apps, and APIs (collectively, the Service). The Service is operated by Intelligrade / Kevin Peters, Kevin Peters, Heidehofring 10, 22850 Norderstedt, Germany. We may convert to a German Unternehmergesellschaft (UG) in the future; these Terms continue to apply to our successor entity.

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

2. Definitions

• Teacher: A user (typically a teacher or school staff) who creates an account to manage classrooms and exams.
• Student: An individual provisioned by a Teacher or educational institution to take assigned exams.
• Parent/Guardian: A person authorized by a Teacher or institution to view a Student’s results (read-only).
• Free Plan: Limited access without AI features.
• Premium/Pro Plan: Paid subscriptions with enhanced features, including AI-assisted grading.
• Teacher Content: Exam content created or uploaded by a Teacher (questions, instructions, attachments, metadata).
• Student Data: Personal data relating to Students processed via the Service (accounts provisioned by Teachers), including exam submissions.

3. Scope of Service

Intelligrade enables Teachers to:

• Create and manage classrooms and student rosters,
• Design, conduct, and grade examinations,
• Use AI-assisted grading for certain response types (Premium),
• Allow Students to take exams online,
• Allow Parents/Guardians to view results (read-only, at the Teacher’s discretion).

4. Accounts & Eligibility

4.1 Teacher Accounts

Teachers must provide accurate and complete information and keep credentials confidential. You are responsible for activities under your account and must notify kevin@intelligrade.de of any unauthorized use.

4.2 Use by Students and Minors

The Service is intended for use in educational settings. Students and Parents/Guardians do not create consumer accounts; access is provisioned by Teachers or educational institutions. For Student Data, the Teacher or educational institution is the data controller, and we act as the data processor under the GDPR. The Teacher/institution is responsible for any legally required notices and obtaining parental consent where required (in Germany, generally up to age 16). Where we process personal data for our own business purposes (e.g., billing, security, product analytics), we are an independent controller.

4.3 Age

We do not offer direct-to-consumer accounts for minors. Any Student access occurs under Section 4.2 through their Teacher/institution.

5. Roles & Data Processing

5.1 Controller–Processor Allocation

• For Student Data: Teacher/institution = controller; Intelligrade = processor.
• For our business data (e.g., customer billing records, logs): Intelligrade = independent controller.

5.2 Data Processing Agreement (DPA)

Processing of Student Data is governed by our Data Processing Agreement (DPA), incorporated by reference: [DPA URL]. The DPA describes our technical and organizational measures, handling of data subject requests, breach notification, sub-processors, international transfers, and deletion/return on termination.

6. User Roles & Access

6.1 Teachers

• Manage classrooms, Students, and exams.
• Are responsible for Teacher Content and compliance with applicable law (e.g., data protection, copyright).
• Provision Student and Parent/Guardian access and set viewing/confirmation requirements.

6.2 Students

• Access only assigned exams and their own results.
• Own their exam submissions and solutions (see Section 11 for licenses).
• Cannot create or modify exam content.

6.3 Parents/Guardians

• View Student results (read-only) with credentials provided by the Teacher/institution.
• Cannot modify submissions or exam content.

7. Plans, Fair Use & Limits

7.1 Free Plan

• Up to 10 total exams,
• Limited classrooms and Students (see current limits in the app or docs),
• No AI-assisted grading.

7.2 Premium/Pro Plan

• Up to 10 exams per month,
• Higher limits on Students/classrooms,
• Access to AI-assisted grading within fair-use limits,
• Priority support.

7.3 Fair Use Policy

We apply fair-use caps to ensure quality and prevent abuse. Caps may include:

• AI-assisted grading tokens/operations: 10 exams graded per Teacher/month, for up to 7 free form segments per exam and up to 2000 words per segment for up to 30 Students,
• Storage: 5 GB per Teacher. Exceeding caps may result in throttling, temporary suspension of specific features, or an offer to upgrade. Attempts to circumvent limits may lead to account suspension.

7.4 Service Modifications

We may modify, limit, or discontinue features. For material adverse changes to paid features, we provide at least 30 days’ notice.

8. Payments, Billing & Consumer Withdrawal

8.1 Subscription & Billing

Premium subscriptions are billed monthly or annually in EUR, processed via Creem. By providing payment information, you authorize recurring charges.

8.2 Price Changes

Price changes take effect at the next billing cycle after at least 30 days’ prior notice.

8.3 Cancellations

You can cancel at any time; access continues until the end of the current paid period. After that, Premium features stop.

8.4 Refunds

Unless otherwise stated, fees are non-refundable and there are no credits for partial periods. We may consider good-will refunds case-by-case at our discretion.

8.5 Non-Payment

Failure to pay may result in suspension of Premium features or account.

8.6 Consumers in the EU/EEA — Right of Withdrawal

If you are a consumer purchasing a paid subscription, you generally have a 14-day right of withdrawal from contract conclusion. If you request we begin providing the digital service during the withdrawal period and acknowledge that you lose your right of withdrawal once full performance begins, your right may lapse. You can cancel your subscription in the account settings at any time.

9. Intellectual Property

9.1 Teacher Content Ownership

Teachers retain ownership of Teacher Content. You grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, process, transmit, and display such content solely to provide and improve the Service.

9.2 Student Submissions Ownership

Students retain ownership of their submissions. Students (via the Teacher/controller) grant (a) the Teacher/institution a license to view, grade, and use the submissions for educational purposes, and (b) us a license to host, process, and display the submissions solely to provide the Service.

9.3 Platform IP

The Service, including software, design, algorithms, and models, is our property and protected by IP laws. You may not copy, modify, distribute, or reverse engineer the Service except as permitted by mandatory law.

9.4 Trademarks

“Intelligrade” and associated marks are our trademarks. You may not use them without written permission.

9.5 Aggregated/Anonymized Data

We may compile aggregated, de-identified statistics about Service usage for analytics, security, and product improvement. We will not re-identify individuals.

10. User Content, Acceptable Use & Takedowns

10.1 Content Responsibility

Teachers are solely responsible for Teacher Content and for ensuring they have all rights and consents.

10.2 Prohibited Content

You may not upload or share content that:

• Violates law or third-party rights (including IP),
• Contains malware or harmful code,
• Is defamatory, obscene, or incites violence or discrimination,
• Contains third-party personal data without a lawful basis.

10.3 Acceptable Use (AUP)

You must not: (a) interfere with or disrupt the Service; (b) bypass authentication, rate limits, or usage caps; (c) scrape or bulk-export data except via documented APIs within your authorization; (d) perform security testing without prior written consent; (e) misuse AI features to generate unlawful or discriminatory content.

10.4 Notice & Takedown

Report infringing/illegal content to kevin@intelligrade.de with: (i) description and location (URL), (ii) identity and authority, (iii) explanation of the infringement. We will review and act in accordance with applicable law.

11. Privacy & Data Protection (GDPR)

11.1 Privacy Policy

Our processing of personal data is described in our Privacy Policy: www.intelligrade.de/en/privacy.

11.2 DPA

The DPA governs processing of Student Data and is incorporated by reference: www.intelligrade.de/en/data-processing.

11.3 Sub-processors

We use sub-processors to deliver the Service. Current list: www.intelligrade.de/en/data-processing. We will provide prior notice of material changes and allow controllers to object on reasonable grounds.

11.4 International Transfers

Where data is transferred outside the EEA/UK, we implement appropriate safeguards (e.g., EU SCCs/UK IDTA).

11.5 Security & Incident Notification

We implement appropriate technical and organizational measures. In the event of a personal data breach affecting Student Data, we will notify the controller without undue delay after becoming aware and provide information required under GDPR Articles 33/34.

11.6 Data Retention & Deletion

We retain Student Data for the duration of the Teacher’s account. Upon account deletion or controller instruction, Student Data is:

• Removed from active systems within 30 days,
• Overwritten from backups in the ordinary course within 90 days. We may retain minimal billing and audit records as required by law. Upon request and where feasible, we provide a machine-readable export of Teacher Content and Student Data before deletion.

12. AI-Assisted Grading

AI-assisted grading is provided to assist Teachers with certain response types. We use Mistral AI, an EU-based provider, to analyze free-form text responses. Student answers are sent to Mistral AI without any personally identifiable information—only the answer text, task description, and grading criteria are transmitted.

• Suggestions Only: AI outputs are suggestions only and are never final grades. AI-generated scores, feedback, and assessments are preliminary recommendations that require teacher review.
• Teacher Responsibility: Teachers are solely responsible for all grading decisions. By using AI-assisted grading, you acknowledge that you must independently verify and approve all grades before they are finalized. We are not responsible for any consequences arising from grades that were influenced by AI suggestions.
• No Guarantees: We do not guarantee the accuracy, completeness, correctness, or fitness of AI outputs for any educational purpose. AI may produce errors, inconsistencies, or inappropriate suggestions.
• No Liability for AI Errors: We are not liable for any damages, academic consequences, disputes, or other issues arising from AI-generated grading suggestions, whether or not such suggestions were reviewed by the Teacher.
• Fair Use: AI usage is subject to the caps in Section 7.3.

13. Service Availability & Data

13.1 Availability

We strive for high availability but do not guarantee uninterrupted or error-free operation. We may perform scheduled or emergency maintenance.

13.2 Data Backups & Limitations

We perform automated backups of our databases approximately every 24 hours. In the event of data loss, we will attempt to restore data from the most recent available backup. However, data created or modified between the last backup and a system failure may not be recoverable. Due to the nature of backup processes and potential infrastructure failures, we cannot guarantee that all data can be recovered in all circumstances.

13.3 Third-Party Service Failures

Our Service relies on third-party service providers, including:

• Hetzner Online GmbH for hosting and server infrastructure,
• Mistral AI for AI-assisted grading features,
• Creem (Armitage Labs OÜ) for payment processing,
• Brevo for transactional email delivery.

We are not liable for service interruptions, data loss, failed transactions, undelivered emails, AI service unavailability, or other damages caused by failures, outages, errors, or malfunctions of such third-party services that are beyond our reasonable control, except as set out in Section 16. If a third-party service experiences downtime or errors, affected features may be temporarily unavailable or may not function as expected.

13.4 Data Export Recommendation

We strongly recommend that Teachers regularly export their data using the JSON backup functionality available in the account settings (Settings → Account → Data Backup). This export includes classrooms, students, exams, solutions, and grades. Maintaining your own backup protects against potential data loss scenarios and ensures you have an independent copy of your data.

13.5 No Guarantee of Data Integrity

While we implement appropriate technical and organizational measures to protect data, we do not guarantee the permanent availability, integrity, or recoverability of any data stored on the Platform. Teachers are solely responsible for maintaining independent backups of critical data.

14. Disclaimer of Warranties

14.1 "As Is" Basis. The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, to the fullest extent permitted by applicable law.

14.2 No Warranty of Error-Free Operation. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. Software bugs, glitches, and unexpected behavior may occur. While we test carefully and strive for quality, we cannot guarantee that the Service will meet your specific requirements or expectations.

14.3 Educational Outcomes. We make no representations or warranties regarding educational outcomes, exam results, student performance, or the acceptance of grades by any educational institution, employer, or other third party. You are solely responsible for verifying that the Service is appropriate for your educational context and for all decisions based on data or outputs from the Service.

14.4 Third-Party Services. We do not warrant the availability, accuracy, or reliability of any third-party services integrated with or used by the Service, including but not limited to AI providers, payment processors, and email services.

15. Changes to the Service or Terms

We may update the Service and these Terms. Material changes to paid features or legal terms that adversely affect you will be notified at least 30 days in advance; non-material changes take effect upon posting. Continued use after the effective date constitutes acceptance.

16. Liability (Germany-compliant)

16.1 Unlimited Liability. We remain liable without limitation for damages resulting from intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act. 16.2 Cardinal Duties. In cases of slight negligence, we are liable only for breaches of cardinal obligations (wesentliche Vertragspflichten), i.e., obligations whose fulfilment enables proper performance of the contract and on whose compliance you may regularly rely. In such cases, liability is limited to foreseeable damage typical for the contract. 16.3 Exclusions. Otherwise, liability for slight negligence is excluded. The foregoing applies also to our legal representatives and vicarious agents. 16.4 User Content. You remain responsible for user-generated content. We do not assume responsibility for the content, accuracy, or legality of such content, except where required by law.

17. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Intelligrade and its affiliates from third-party claims arising from (a) your unlawful use of the Service, (b) your violation of these Terms, or (c) your infringement of third-party rights, except where we are responsible.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, power outages, internet or telecommunications failures, cyberattacks (including DDoS attacks), failures of third-party service providers, or other force majeure events. During such events, our obligations shall be suspended for the duration of the event.

19. Governing Law & Venue; Consumers

These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules and the CISG. For merchants (Kaufleute), the exclusive place of jurisdiction is Hamburg, Germany. If you are a consumer resident in the EU/EEA/UK, mandatory consumer protection laws and jurisdictional rules of your place of residence remain unaffected.

20. Termination

18.1 By You

You may delete your account at any time in settings or by contacting kevin@intelligrade.de or doing so in the settings menu after logging in. Upon deletion:

• Access to the Service ceases,
• Data deletion follows Section 11.6,
• Fees already paid are non-refundable unless stated otherwise.

18.2 By Us

We may suspend or terminate your account if you: (a) violate these Terms or the AUP; (b) engage in fraud or abuse; (c) fail to pay; (d) are required by law; or (e) we cease operations (with reasonable notice).

18.3 Survival

Sections that by nature should survive (including IP, privacy, liability, governing law, and dispute terms) survive termination.

21. Export Control

You may not use the Service if you are subject to applicable trade sanctions or export control restrictions under German, EU, U.S., or international law.

22. Severability

If any provision is found unenforceable, the remaining provisions remain in effect, and an enforceable provision reflecting the original intent will be substituted.

23. No Waiver

Our failure to enforce any provision is not a waiver.

24. Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

25. Entire Agreement

These Terms, together with the Privacy Policy and Data Processing Agreement (DPA), constitute the entire agreement between you and Intelligrade regarding your use of the Service. These Terms supersede any prior agreements, representations, or understandings, whether written or oral. No statement, representation, warranty, or covenant made by us or on our behalf (including in marketing materials, demonstrations, or support communications) shall be binding unless expressly set forth in these Terms.

By using Intelligrade, you acknowledge that you have read, understood, and agree to be bound by these Terms.