Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "User," "Educator," or "Institution") and LearnLoop B.V. ("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" refers to third-party artificial intelligence model providers (OpenAI, Anthropic, Google, OpenRouter) used to process evaluations.

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)

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

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

If required by your institution or applicable law, you must inform students that AI tools are being used in the evaluation process.

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.

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.

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. We maintain zero data retention agreements with all AI providers, meaning student submissions are not stored or used for model training. See our Privacy Policy for details.

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.

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

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 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, your license to use the Service ends immediately. You may request export of your data within 30 days. We are not liable for any losses resulting from termination.

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.

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.

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.

14. Contact Information

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