Terms of Service

• We will act as processor for assessment data, work under DPA's with AI and infrastructure providers, and notify of security incidents within 72 hours.
• We will not train models on customer data, sell or share student data for advertising, or retain provider data longer than 30 days for incident analysis.
• You control provider selection, you may bring your own API keys, and you may exclude specific providers at institution level.

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "User," "Educator," or "Institution") and LearnLoop ("LearnLoop," "we," "us," or "our") concerning your access to and use of the Eval AI grading assistant platform (the "Service").

By accessing or using 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 an educational institution, you represent that you have the authority to bind that institution to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

1. Definitions

• "Service" refers to the Eval AI grading assistant platform, including all software, features, and functionality provided by LearnLoop.
• "User" or "Educator" refers to any individual with an authorized account accessing the Service.
• "Institution" refers to the educational institution you represent or are affiliated with.
• "Student Data" refers to any information contained in student submissions, including personally identifiable information.
• "User Content" refers to all data, information, and materials you upload to or generate through the Service.
• "AI Providers" means third party AI model providers used for inference, including OpenAI, Azure OpenAI, Anthropic, Google Gemini, and OpenRouter, as listed in our Trust Center.
• "Authorized Users" means employees, contractors or students of the Institution who are permitted by the Institution to use the Service.
• "Institution Admin" means a user designated by the Institution to manage settings, provider choices, API keys and user access.
• "Order Form" means a written or online ordering document for paid subscriptions.
• "DPA" means the Data Processing Agreement that governs processing of Student Data and Customer Personal Data.
• "SLA" means any documented support or uptime commitment we publish or agree in an Order Form.
• "De-identified Data" means data that cannot reasonably be used to identify a natural person, including aggregated usage metrics.
• "Feedback" means suggestions, ideas or comments about the Service.

2. Eligibility and Account Registration

2.1 Eligibility Requirements

To use the Service, you must:

• Be at least 18 years of age
• Be affiliated with an educational institution
• Have a valid institutional email address (personal email domains like Gmail, Yahoo, etc. are not accepted)
• Have the authority to agree to these Terms
• Not be prohibited from using the Service under applicable law

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your password meets minimum security requirements (at least 8 characters)

The Institution Admin is responsible for configuring provider choices, excluding specific providers if desired, and optionally supplying Institution owned API keys.

2.3 Account Verification

You must verify your email address before accessing full Service functionality. Unverified accounts may have limited access to features.

3. Permitted Use of the Service

3.1 License Grant

Subject to your compliance with these Terms, LearnLoop grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your educational purposes in evaluating student work.

3.2 Permitted Activities

You may use the Service to:

• Upload student submissions for AI-assisted evaluation
• Create and customize grading rubrics
• Review, modify, and approve AI-generated feedback
• Interact with the AI assistant for grading support
• Export evaluations and grades for your records

3.3 Prohibited Activities

You may NOT:

• Use the Service for any purpose other than educational evaluation
• Share your account credentials with others
• Attempt to reverse engineer, decompile, or extract source code from the Service
• Use automated tools (bots, scrapers) to access the Service without authorization
• Upload malicious code, viruses, or harmful content
• Circumvent usage limits or security measures
• Use the Service to violate any applicable laws or regulations
• Remove, obscure, or alter any proprietary notices or branding
• Resell, sublicense, or redistribute the Service
• Use the Service to discriminate against or harm students

3.4 Acceptable Use

You will not, and will not allow others to, misuse the Service, including automated scraping without written permission, security testing without prior authorization, attempting to extract source code or model weights, or using the Service to build or train a competing model or service. We may meter usage and enforce fair use limits according to your plan.

4. User Responsibilities and Obligations

4.1 Data Accuracy and Lawfulness

You represent and warrant that:

• You have the legal right to upload all Student Data to the Service
• You have obtained any necessary consents from students or their guardians
• All uploaded content complies with applicable privacy laws (FERPA, GDPR, etc.)
• You will not upload content that infringes third-party intellectual property rights

4.2 Human Oversight Requirement

4.3 Institutional Compliance

You are responsible for ensuring your use of the Service complies with your institution's policies, academic integrity standards, and data protection requirements.

4.4 Student Communication

Where required by law or institutional policy, you will disclose AI usage to students in a clear and timely manner.

5. Intellectual Property Rights

5.1 LearnLoop Ownership

LearnLoop retains all rights, title, and interest in the Service, including all software, algorithms, designs, trademarks, and proprietary technology. These Terms do not grant you any ownership rights in the Service.

5.2 User Content Ownership

You retain all ownership rights in the User Content you upload. However, by uploading content, you grant LearnLoop a limited license to process, store, and transmit that content solely for the purpose of providing the Service.

5.3 Student Work

Students retain all intellectual property rights in their submitted work. Neither you nor LearnLoop acquire ownership of student submissions by using the Service.

5.4 AI-Generated Content

AI-generated feedback and evaluations are provided for your review and modification. You may use this content in accordance with your educational purposes, but LearnLoop does not guarantee the accuracy, completeness, or appropriateness of AI-generated content.

5.5 AI Outputs

Subject to third party provider terms, the Institution owns the rights in AI generated outputs for its educational purposes. Providers are contractually prohibited from training on customer data.

5.6 Feedback License

You grant LearnLoop a worldwide, royalty free, perpetual license to use Feedback to improve the Service, without using Student Data or Customer Personal Data in a way that identifies you or any student.

5.7 Open Source Notice

The Service may include open source components under separate licenses. A list of notices is available upon request.

6. Payment Terms and Subscription

6.1 Free Trial and Demo

LearnLoop may offer a free trial or demo period with usage limits. Free trial accounts are subject to evaluation caps and may have restricted features.

6.2 Paid Subscriptions

Access to full Service functionality may require a paid subscription. Pricing, features, and terms for institutional subscriptions are provided separately and may be subject to negotiated agreements.

6.3 Usage Limits

We enforce usage limits based on your account type. Exceeding limits may result in temporary service restrictions or require an upgrade to a higher-tier plan.

6.4 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes.

6.5 Billing and Late Payment

Invoices are due as stated in the Order Form. Late amounts may accrue interest at the lower of 1.5 percent per month or the maximum allowed by law.

6.6 Auto-Renewal

Subscriptions renew for the same term unless either party gives written notice of non renewal at least 30 days before the end of the then current term.

6.7 Plan Changes

Upgrades take effect immediately and are prorated. Downgrades take effect on the next renewal.

6.8 Refunds

Except as required by law or expressly stated in an Order Form, fees are non refundable.

7. Data Processing and Privacy

7.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully.

7.2 Data Processing Agreement

For EU customers and institutions subject to GDPR, LearnLoop acts as a data processor. Enterprise customers may request a separate Data Processing Agreement (DPA) by contacting us through our Trust center.

7.3 Educational Records (FERPA)

LearnLoop is committed to FERPA compliance. We will not disclose education records or personally identifiable information without your consent, except as required by law. We act as a "school official" with "legitimate educational interests" in the records we process on your behalf.

7.4 AI Provider Processing

Student Data may be processed by third-party AI providers under Data Processing Agreements that prohibit model training and data sharing. Providers may retain data for up to 30 days solely for abuse detection and incident analysis, after which it is deleted. See our Privacy Policy for details.

7.5 Order of Precedence

In case of conflict between these Terms and the DPA regarding processing of personal data, the DPA will prevail.

8. Disclaimers and Limitations of Liability

8.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." We do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any aspect of the Service at any time.

8.2 AI Limitations

8.3 No Educational Guarantees

We do not guarantee that use of the Service will improve grading efficiency, consistency, or outcomes. Educational results depend on many factors beyond our control.

8.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEARNLOOP SHALL NOT BE LIABLE FOR:

• Indirect, incidental, consequential, or punitive damages
• Loss of data, profits, or business opportunities
• Academic disputes, student complaints, or institutional sanctions
• Decisions made based on AI-generated content
• Third-party actions or service interruptions by AI providers

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

The limitations in this Section do not apply to liability for death or personal injury caused by negligence, fraud, willful misconduct, or to the extent such limitations are prohibited by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless LearnLoop, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law or third-party rights
• User Content you upload
• Your grading decisions or academic determinations
• Student disputes related to your use of the Service

LearnLoop will defend and indemnify the Institution against third party claims that the Service, as provided by LearnLoop, infringes intellectual property rights, and will pay final judgments or settlements, provided you promptly notify us, allow us control of the defense, and cooperate. This obligation does not apply to claims arising from your modifications, combinations with non LearnLoop products, or use in violation of these Terms.

10. Termination and Suspension

10.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features. Upon termination, we will retain data according to our retention policies outlined in the Privacy Policy.

10.2 Termination by LearnLoop

We may suspend or terminate your access to the Service immediately, without notice, if:

• You violate these Terms
• You fail to pay undisputed fees when due
• You engage in fraudulent or abusive behavior
• Your account poses a security risk
• Required by law or legal process
• We discontinue the Service

10.3 Effect of Termination

Upon termination, we will make User Content available for export for 30 days, unless prohibited by law or the Institution requests immediate deletion. Deletion of backups and provider side data follows the retention schedules described in the Privacy Policy and DPA.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles.

11.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through good faith negotiation. If negotiation fails, disputes shall be submitted to the competent courts in the Netherlands.

Either party may seek temporary or injunctive relief from a competent court to protect confidential information or intellectual property, without waiving the obligation to negotiate in good faith.

11.3 EU Users

If you are a consumer in the European Union, you may also have the right to file a complaint with your local consumer protection authority or data protection authority.

12. Changes to These Terms

We may modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms with a new "Last Updated" date
• Sending email notifications to registered users
• Displaying a prominent notice on the Service

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

For Institutions with an active paid subscription, material changes will take effect on the next renewal, unless the Institution agrees earlier in writing.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and any separate written agreements, constitute the entire agreement between you and LearnLoop regarding the Service.

13.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

13.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

13.4 Assignment

You may not transfer or assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

13.5 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, cyber-attacks, or failures of third-party services.

13.6 Confidentiality

Each party will protect the other party’s Confidential Information with the same care it uses for its own, and will use it only to perform under these Terms.

13.7 Publicity

We may use the Institution’s name and logo for customer lists and case studies with prior written consent from the Institution.

13.8 Export Controls and Sanctions

You represent that you are not on any government sanctions list and will not use the Service in violation of export control or sanctions laws.

13.9 Subcontractors

We may use subcontractors, including listed subprocessors in the Trust Center, and remain responsible for their performance.

13.10 Successors

In case of merger or acquisition, the successor will be bound by these privacy, security and data processing commitments for the remaining subscription term.

13.11 Survival

Sections relating to fees, confidentiality, intellectual property, disclaimers, limitations of liability, indemnities, governing law, and data processing will survive termination.

13.12 Third Party Services

Third party services or integrations are governed by their own terms. We are not responsible for third party services, and your use of them is at your discretion.

13.13 Service Changes, Deprecation, Beta

We may modify or deprecate features upon reasonable notice. Beta or preview features are provided for evaluation only, without SLA, may be discontinued at any time, and should not be used for production grading without Institution approval.

13.14 Government Access Requests

We will notify the Institution of any governmental or legal request for Customer Content unless legally prohibited, and will challenge overbroad requests where reasonable.

14. Contact Information

For questions about these Terms or the Service, please contact us: