Terms of Use

Last Updated: April 1, 2026
Effective Date: April 1, 2026

These Terms of Use ("Terms") govern your access to and use of the GradeVine mobile application ("Service" or "App"), provided by Moses Harding ("GradeVine," "we," "us," or "our"). By downloading, installing, or using GradeVine, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

GradeVine is designed for use by teachers and educators. You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account and use the Service. GradeVine is not intended for direct use by students.

2. Account and Access

2.1 iCloud Account

GradeVine uses your Apple iCloud account for data synchronization. You are responsible for maintaining the security of your Apple ID and iCloud account. We are not responsible for unauthorized access resulting from compromised Apple ID credentials.

2.2 Google Account (Optional)

If you connect a Google account for Drive export functionality, you authorize GradeVine to access your Google Drive to create and manage export files. You may disconnect your Google account at any time in Settings.

2.3 Account Responsibility

You are solely responsible for all activity that occurs through your use of the Service, including all data entered, scans created, and grades assigned.

3. Use of the Service

3.1 Permitted Use

You may use GradeVine for lawful educational purposes, including:

3.2 Prohibited Use

You agree NOT to:

4. Student Data and Teacher Responsibilities

4.1 Teacher as Data Controller

You, the teacher, determine what student data is entered into GradeVine. You are the data controller for the student information you process through the Service. GradeVine processes this data on your behalf to provide the Service.

4.2 Institutional Compliance

You are responsible for ensuring that your use of GradeVine complies with:

4.3 Consent and Authorization

Before using GradeVine to process student work, you should:

4.4 No Guarantee of Legal Compliance

GradeVine provides tools for managing educational data, but we do not guarantee that your use of the Service will comply with any particular law or regulation. Compliance with FERPA, COPPA, state privacy laws, and institutional policies is your responsibility. We encourage you to consult with your institution's administration or legal counsel if you have questions about permissible use.

5. AI-Powered Features — Disclaimer of Accuracy

5.1 AI Transcription and Grading

GradeVine uses artificial intelligence (Google Gemini) to transcribe handwritten student work and assist with grading. AI-generated outputs are provided as assistance only and may contain errors.

5.2 No Guarantee of Accuracy

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED TRANSCRIPTION, GRADE, SCORE, KEYWORD MATCH, STUDENT NAME EXTRACTION, OR OTHER AI OUTPUT.

AI transcription may:

5.3 Teacher Review Required

You must review all AI-generated transcriptions, grades, and student matches before relying on them for academic purposes. AI outputs are suggestions to assist your professional judgment — they are not a substitute for it. You are solely responsible for the final grades and feedback you assign to students.

5.4 High-Stakes Decisions

AI-generated outputs from GradeVine should not be the sole basis for:

6. Subscriptions and Credits

6.1 Subscription Tiers

GradeVine offers free and paid subscription tiers. Paid subscriptions ("Pro") provide additional credits for AI processing and access to premium features. Subscription details, pricing, and included credits are displayed in the App.

6.2 Billing and Renewal

6.3 Credits

6.4 Refunds

Refund requests for subscriptions are handled by Apple per Apple's refund policies. We do not directly process refunds for App Store purchases.

6.5 Free Tier

The free tier includes a limited number of credits per month. We reserve the right to modify free tier limits with reasonable notice.

7. Intellectual Property

7.1 GradeVine IP

The Service, including its design, features, code, documentation, and trademarks, is owned by Moses Harding and is protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited license to use the App as described herein.

7.2 Your Content

You retain ownership of all content you create or upload through the Service, including student data, assignments, scans, grades, and feedback. By using the Service, you grant GradeVine a limited, non-exclusive license to process your content solely to provide and improve the Service.

7.3 AI-Generated Output

AI-generated transcriptions, grades, and analysis produced by the Service are tools to assist your work. You may use these outputs for any lawful educational purpose. We do not claim ownership of AI-generated outputs based on your content.

8. Data Handling

8.1 Privacy Policy

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

8.2 Data Deletion

You may delete your data at any time using the tools provided within the App (see Privacy Policy, Section 7.2). Upon account deletion or app reset, we delete your data from our systems including CloudKit sync data. Data that has been exported to Google Drive is under your control in your Google account.

8.3 Data Portability

You may export your data through the CSV export and Google Drive export features provided in the App.

9. Service Availability and Modifications

9.1 Availability

We strive to maintain the Service's availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or factors beyond our control (including iCloud, Google, or Apple service outages).

9.2 Modifications

We reserve the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable notice for material changes that significantly affect your use of the Service. Continued use after modifications constitutes acceptance.

9.3 Third-Party Dependencies

The Service relies on third-party services (Apple iCloud, Google Gemini AI, Google Drive, Firebase). Changes to these third-party services may affect GradeVine's functionality. We are not responsible for the availability, performance, or policies of third-party services.

10. Disclaimers

10.1 "As Is" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 No Warranty of Results

WE DO NOT WARRANT THAT:
  • THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS
  • AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE
  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • ANY ERRORS IN THE SERVICE WILL BE CORRECTED

10.3 Educational Judgment

GradeVine is a tool to assist teachers — it does not replace professional educational judgment. All grading decisions, student assessments, and academic outcomes remain the teacher's responsibility.

11. Limitation of Liability

11.1 Cap on Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRADEVINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
  • LOSS OF DATA OR STUDENT RECORDS
  • INCORRECT GRADES OR ACADEMIC ASSESSMENTS
  • LOSS OF PROFITS OR REVENUE
  • DAMAGE TO PROFESSIONAL REPUTATION
  • COSTS OF SUBSTITUTE SERVICES
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Maximum Liability

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50.00).

11.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless GradeVine and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.

13.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall take place in New York, NY or, at your election, by videoconference.

13.3 Class Action Waiver

YOU AND GRADEVINE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Claims brought in small claims court are also exempt from arbitration.

13.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. If you opt out, disputes will be resolved in the state or federal courts located in New York, NY.

14. General Provisions

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

14.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and GradeVine regarding the Service and supersede all prior agreements.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14.4 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

14.5 Assignment

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

14.6 Notices

We may provide notices to you through the App, by email (if provided), or by posting on our website. Notices to us should be sent to [email protected].

14.7 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, internet or telecommunications failures, or third-party service outages.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms within the App and updating the "Last Updated" date. Your continued use of the Service after the effective date of revised Terms constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Service.

16. Contact Us

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

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