Thank you for your interest in Edgion Corporation ("Edgion"), which owns and operates the services offered on Edgion.ai ("Edgion Website") and related services, including the Grading Sheet Generator and Scoring Module (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms of Service ("Terms").
By using the Services, you agree and consent to be legally bound by Edgion's Privacy Policy and these Terms, which constitute our "Agreement" with you. When you register for an account or gain access and use the Services, you acknowledge that you have read and consent to the Terms. If you are using the Services on behalf of an institution that has a separate written agreement with Edgion, then that agreement governs your use of the Services.
Your Warranties and Representations
Your Identity: You represent and warrant that you have accurately identified yourself in your Account and shall maintain the accuracy of your identification. You further represent and warrant that you are an individual eighteen (18) years or older, a corporation, other business entity or Educational Institution authorized to do business pursuant to applicable law.
If you are entering into this Agreement on behalf of a business entity, you must represent that you have the legal authority to duly bind that business to this Agreement; in which case the terms "you", "your" or "Member" shall refer to that business entity. If you do not have such authority, or if you do not agree with the terms and conditions of our Agreement, then you cannot use the Services.
Your Representations as Lawful User of Our Services
You represent and agree you will not use the Services in a manner that (i) infringes, violates or misappropriates another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Edgion in violation of any applicable laws or regulations, including without limitation FERPA; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password.
Additionally, you represent and warrant that you possess all rights necessary to provide your User Submissions and grant Edgion the rights described in this Agreement, and you are solely responsible for ensuring compliance with all applicable privacy and data protection laws.
Restrictions on Your Use of Our Services
We do our best to keep Edgion safe, but we cannot guarantee it. We need your help to keep Edgion safe, which includes the following commitments by you when using our Services:
- You will only use the Services as permitted by law, including applicable export or re-export control laws and regulations.
- You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
- You will not use the Services to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
- You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the Services or prevent other users from using the Services, such as a denial of service attack or other interference with Service functionality.
- You will not facilitate or encourage any violations of this Agreement or our policies. Any violation of the above may be grounds for termination of your right to access or use the Services.
- You will not impersonate an Edgion employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
In the event that you breach any of the provisions above, Edgion has the right to suspend or terminate your access to the Services, in addition to such other remedies that Edgion already has at law, and otherwise pursuant to these Terms.
Your Personal Information
In the course of using the Services, you may provide information to Edgion ("User Submitted Data"). This includes:
- Account Information: Name and email address (provided via Google Sign-In)
- Grading Data: Scanned answer sheets, answer keys, and scoring results
- Student Information: Student names, IDs, and grades (if uploaded by you). You may alternatively use temporary identifiers instead of student names or IDs to avoid uploading personally identifiable student information.
Some User Submitted Data related to students may be considered an Education Record under FERPA (as defined in the "FERPA" section below).
You retain all ownership rights in your User Submitted Data. Edgion does not claim any ownership rights in your User Submitted Data.
In order to provide the Services to you, you grant Edgion a limited, non-exclusive, royalty-free, and transferable (to a successor only) right to use, copy, store, and process your User Submitted Data as necessary to provide, improve, and make the Services available to you.
Edgion will only use and share your information in accordance with our Privacy Policy. We do not sell your personal information. We do not use your information for advertising purposes. Education Records are never used or disclosed for any kind of behaviorally-targeted advertising.
Data Retention
For information on how long we retain your data, please see the "Data Retention" section of our Privacy Policy.
Privacy
Your privacy is extremely important to us. We take care to limit what information we collect and how it may be used. We further strive to assist you in understanding our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that Edgion can use such data according to the terms set forth within our Privacy Policy.
Subscription and Payment
Certain features of the Services require a paid subscription. By subscribing to a paid plan, you agree to pay the applicable fees as displayed at the time of purchase. Subscriptions are billed monthly and automatically renew unless cancelled before the next billing cycle. You may cancel your subscription at any time through your account settings.
Edgion reserves the right to modify, update, or discontinue features or pricing within any plan (including free and paid subscription tiers) at any time.
Add-on pages purchased separately are non-refundable and expire 30 days from the date of purchase if unused.
Please see our Refund Policy for details on cancellations and refunds.
Additional Terms for Teachers and School Administrators
If you are a teacher, administrator, aide, or similar personnel ("School Official" or "Teacher") accessing the Services on behalf of a school, school district, or similar educational institution ("Educational Institution" or simply, "Institution"), the following terms apply to you:
(i) You agree that you are acting on behalf of and have permission from your Institution to enter into this Agreement and to use the Services as part of your curriculum. You further agree, represent and warrant that you have complied with all applicable laws regarding notification and consent to use student information and educational records.
(ii) Only School Officials who are current employees of the Institution may use the Services on the Institution's behalf. Upon termination of a teacher or other staff member's employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify Edgion immediately.
FERPA
Certain information that may be provided to Edgion by School Officials that is directly related to a student and maintained by an Institution, may be considered an education record ("Education Record") under the Family Educational Rights and Privacy Act ("FERPA"). Additionally, certain information, provided to Edgion by School Officials about a student, such as student name and grade level, may be considered directory information under FERPA ("Directory Information") and thus not an Education Record. A school may not generally disclose personally identifiable information from an eligible student's Education Records to a third party without written consent of the student's parent and/or eligible student or without meeting one of the exemptions set forth in FERPA ("FERPA Exemption(s)"), including the exemption for Directory Information ("Directory Information Exemption") or disclosure to school officials with a legitimate educational interest ("School Official Exemption").
As a Teacher, you agree that at least one of the following is true:
A. As School Officials or an Institution providing Directory Information or any Education Record to Edgion, you represent, warrant and covenant to Edgion, as applicable, that your Institution has:
(i) complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or
(ii) complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines "School Official" to include service providers and defines "legitimate educational interest" to include services such as the type provided by Edgion; or
(iii) obtained all necessary parental or eligible student written consent to share the Directory Information and Education Records with Edgion, in each case, solely to enable Edgion's operation of the Services.
B. You are using temporary identifiers (such as classroom numbers) instead of student names or school-issued IDs, in which case no personally identifiable student information is transmitted to or stored by Edgion.
Edgion will never share Education Records with third parties except (i) as directed by an Edgion user (i.e., teacher sharing with another teacher or parent); or (ii) as required by law or a lawful court order as stated in our Privacy Policy.
Education Records are never used or disclosed for third party advertising or any kind of first- or third-party behaviorally-targeted advertising to students or parents.
Edgion Technology
Edgion Technology is protected by copyright and other intellectual property laws. You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the Edgion Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any Edgion Technology. "Edgion Marks" means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Edgion.
Using our Services does not give you any right of ownership to any intellectual property rights in our Services or the Edgion Technology. These Terms do not grant you the right to use any Edgion Marks. Nor are you allowed to remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
Modification to the Agreement
We may modify this Agreement to reflect changes in the law or changes with regard to our Services. You should examine the Agreement on a regular basis to see whether it has been modified. We will post notices of modifications to this Agreement on the top of this page. Changes will become effective when (a) you use the Services after you become aware about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons are effective immediately. Your continued use of the Services, following notice of the changes to the Agreement, constitutes your acceptance of our amended terms and/or policies. If you do not agree to the modified Agreement, you must discontinue your use of the Services.
Edgion will not change how Education Records are used or shared under this Agreement without advance notice and consent from a School Official or Institution.
Experimental and Beta Features
We may provide experimental features for you to try. These experimental features are not guaranteed to work the first time or any time. These features may abruptly and unexpectedly cease functioning, or disappear altogether. Other features of Edgion are not regularly tested for compatibility with experimental features. Experimental features will be added and old ones removed, possibly (probably) without notice.
Warranty Disclaimer and Limitation of Liability
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. However, there are certain things that we do not promise about our Services.
DISCLAIMER OF WARRANTIES. THE SERVICES (AND ANY ASSOCIATED CONTENT OR SOFTWARE) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EDGION EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE EDGION TECHNOLOGY, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, EDGION DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE OR UNINTERRUPTED, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY DAMAGE YOUR DEVICES OR SYSTEMS.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL EDGION OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF EDGION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OF OR INABILITY TO USE THE SERVICES, CONTENT, OR USER SUBMISSIONS; OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICES.
IN NO EVENT SHALL EDGION OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS, OR AGENTS BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES) FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (A) THE AMOUNT YOU PAID TO EDGION FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100), IF NO FEES WERE PAID.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Registration and Account Security
To access and use certain features of the Services, you must authenticate using a supported third-party sign-in provider. Currently, Edgion uses Google Sign-In for user authentication. By signing in with Google, you authorize Edgion to access certain account information provided by Google in accordance with our Privacy Policy.
You agree to provide accurate, complete, and up-to-date information associated with your account and to maintain the accuracy of such information. You may not impersonate any other person or misrepresent your identity when using the Services, and you may not create an account for anyone other than yourself without proper authorization.
Edgion does not collect or store user passwords. Account authentication is handled by Google, and you are responsible for maintaining the security of your Google account credentials and for all activities that occur under your Edgion account.
You may not share access to your account with others or allow others to access the Services using your credentials. You may not transfer your account to another person without the express prior written consent of Edgion.
Edgion reserves the right, in its sole discretion, to suspend or terminate accounts or refuse access to the Services if it determines that account information is inaccurate, misleading, fraudulent, or used in violation of these Terms.
You represent, warrant, and covenant that all information you submit in connection with your use of the Services is truthful and accurate.
Indemnity
You agree to indemnify, defend, and hold harmless Edgion, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third-party claim resulting from (i) your access to or use of the Services in violation of these Terms, (ii) your breach of this Agreement or violation of applicable laws or regulations, including any failure to obtain required consents for content you submit or process through the Services, or (iii) any claim that content you submit, upload, or otherwise make available through the Services infringes or misappropriates any intellectual property or other rights of any person or entity.
This indemnification obligation applies only to the extent the claim arises from your authorized use of the Services or content associated with your account and does not apply to the extent the claim results from Edgion's own gross negligence or willful misconduct.
Termination
This Agreement will remain in full force and effect while you access or use the Services. You may discontinue use of the Services at any time.
Edgion may suspend or terminate your access to the Services or your account at any time, with or without cause, and with or without notice where reasonably practicable, including if you violate these Terms or if Edgion reasonably believes that your use of the Services may create legal risk or harm to Edgion or others.
Upon termination of your account for any reason, your right to access and use the Services will immediately cease. Edgion is not obligated to retain or provide access to any data or content associated with your account following termination, except as required by applicable law.
All provisions of this Agreement that by their nature should survive termination shall survive, including, without limitation, provisions relating to intellectual property ownership, disclaimers of warranties, limitations of liability, indemnification, and governing law.
Dispute Resolution
a) Agreement to Arbitrate. In the interest of resolving disputes efficiently, you and Edgion agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA"), except that either party may bring an individual action in small claims court if the claim qualifies and remains in that court. This agreement to arbitrate applies to all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination of this Agreement.
b) Waiver of Jury Trial and Class Actions. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR CLASS-WIDE ARBITRATION. All arbitrations shall be conducted on an individual basis only.
c) Arbitration Rules and Administration. Any arbitration shall be administered by the AAA and conducted in accordance with the AAA Consumer Arbitration Rules then in effect. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
d) Notice and Informal Resolution. Before initiating arbitration, a party must first send written notice of the dispute to the other party describing the nature of the claim and the relief sought. Notices to Edgion must be sent to: Edgion Corporation, 7902 Gerber Rd, #423, Sacramento, CA 95828, United States of America, or to an updated address published on the Website. The parties agree to attempt to resolve the dispute in good faith for thirty (30) days after notice is received before commencing arbitration.
e) Arbitration Location and Procedure. Arbitration hearings will take place in Sacramento, California, unless the parties mutually agree otherwise, and may be conducted virtually by mutual agreement. The arbitrator shall issue a written decision stating the essential findings and conclusions on which any award is based.
f) Costs. Payment of arbitration fees will be governed by the AAA Consumer Arbitration Rules. Edgion will not seek to recover arbitration fees unless the arbitrator determines that a claim is frivolous or brought for an improper purpose.
g) Governing Law. This Agreement and the Privacy Policy shall be governed by the laws of the State of California, without regard to its conflict of laws principles.
h) Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement remains in full force and effect.
i) Assignment. You may not assign or transfer this Agreement without Edgion's prior written consent. Edgion may assign or transfer this Agreement without restriction in connection with a merger, acquisition, reorganization, or sale of assets.
j) Entire Agreement and General Provisions. Unless you or your Institution have a separate written agreement with Edgion governing your use of the Services, this Agreement constitutes the complete and exclusive understanding between the parties and supersedes all prior agreements and communications relating to its subject matter. The failure of either party to exercise any right under this Agreement shall not constitute a waiver of that right. Edgion shall not be liable for failure to perform due to causes beyond its reasonable control. No agency, partnership, joint venture, or employment relationship is created by this Agreement.
k) Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to Edgion within thirty (30) days of first accepting this Agreement. Your opt-out notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration.
l) Venue for Non-Arbitrated Disputes. Any legal action or proceeding arising out of or relating to this Agreement that is not subject to arbitration, including claims brought by users who have opted out of arbitration or claims properly brought in small claims court, shall be brought exclusively in the state or federal courts located in Sacramento County, California, or the United States District Court for the Eastern District of California, and the parties hereby consent to personal jurisdiction and venue therein.
Contact Us
If you have any questions about these Terms, please contact us at:
Edgion Corporation
7902 Gerber Rd, #423
Sacramento, CA 95828
United States of America
Email: support@edgion.ai
Website: www.edgion.ai