Please read carefully. These Terms and Conditions of Use (“Terms”) constitute a legal and binding agreement between you and CodeGrade BV, a Dutch private company with limited liability, and/or its affiliates referred to as “us”, “we” and “CodeGrade”. The Terms govern your access and use of our feedback and efficiency enhancing products and services (“the Service”).
By accessing or using the Service, you confirm that you have read, understand and agree to be bound by these Terms.
In the event that these Terms conflict with any separate agreement you or your institution/company have entered into with CodeGrade for the Services, the Terms in the separate agreement will prevail.
1 Basic terms
You may use the Service if you comply with these Terms and all applicable laws, rules and regulations and have a valid license with CodeGrade.
Accounts
Your account will give you access to the Service. You will only use the account yourself and will not share it with others. You agree with the following provisions:
- You will carefully store the username and password (if applicable) associated with your account and will not pass them on to third parties.
- In case of loss, theft or (suspicion of) misuse of the username and password, you will immediately inform CodeGrade.
- Data, files or other digital data that is shared or exchanged by you with the Service will have no punishable content and be free of viruses, worms, Trojan horses or similar defects.
- You will only use the Service for legal purposes and will not be guilty of “spamming” and will not infringe on the rights of third parties, such as intellectual property rights.
- You will not use the Service in such a way that this causes a disruption or delay in the accessibility of the Service, such as the use of (proprietary) scripts or programs for uploading or downloading large amounts of data, or trying to access the Service excessively often.
- Apart from requests for support, you will not be able to submit any requests, complaints or claims directly to CodeGrade;
- You will not engage in hacking or otherwise unauthorized access to the Service, either manual or automatic means (for example via a "scrape", "crawl" or "spider");
- You will not commit any offense, including the distribution and making available of information that is in breach with public order;
- You will not attempt to gain access to any part of the Service to which the you are not authorized;
- You will not use any other form of automated integration than the automated integration via the APIs (application programming interface) that CodeGrade has provided or advised.
If CodeGrade ascertains that you violate or threaten to violate the aforementioned conditions, CodeGrade is entitled to intervene, to end the violation, or to avert or prevent this imminent danger, for example by (temporarily) closing your account. You are liable for the damage caused that is the result of a violation of these terms and conditions. If, according to the opinion of CodeGrade, nuisance, damage or other danger arises for the functioning of the computer systems or the network of the Service or third parties, CodeGrade is entitled to take all measures that it deems reasonably necessary to avert this nuisance, damage or other danger. CodeGrade is at all times entitled to report criminal offenses it has observed and is never liable for the damages suffered by you that may result from this issue.
2 License Terms
Service Periods and Renewals
Unless otherwise stated, the CodeGrade license shall automatically renew for successive one-year periods ("Renewal Periods") unless either party provides written notice of non-renewal via email at least thirty (30) days prior to the end of the then-current Service Period or Renewal Period.
Usage and Billing
Usage Period: Billing corresponds to the Institution's designated academic year.
Invoicing: CodeGrade will issue an annual invoice in advance for the charges associated with the Software and SaaS services ("Service Charges"). The invoice will delineate the cost of the Service Charges, as well as any applicable taxes or additional fees.
Model & Tier Selection
Institutions select a pricing model and tier in anticipation of their CodeGrade utilization for the academic year. This predetermined fee is referred to as the “Base Charge”.
Activation of Student Accounts
A student account is deemed 'active' the moment a submission is executed via the software.
Automatic Tier Upgrade
Should the volume of active student accounts surpass the limit set by the Base Charge, the Institution will seamlessly transition to the subsequent pricing tier outlined in the selected model.
Adjustment Invoicing
In the event that student account activations exceed the Base Charge threshold, the Institution will be billed for the price difference between the newly attained and former tier.
2 Support & Maintenance
CodeGrade licenses include support and CodeGrade will respond to requests for support without unnecessary delay and try to resolve incidents as quickly as possible. CodeGrade will only respond to requests for support from authorized users, that may be teachers, educators, lecturers, administrators, etc. depending on your license, but not students. Authorized users can contact CodeGrade’s help desk at support@codegrade.com.
If you make a disproportionate appeal to support, because of insufficient knowledge of the Service, CodeGrade can provide additional training sessions in consultation with you. If this training session falls outside of your license, the charges are borne by you.
CodeGrade is free to implement innovations, updates or upgrades to the Service. CodeGrade will notify you timely about innovations, updates or upgrades if these are relevant to your usage of the Service.
3 IP, License and Data
All IP relating to the Service, including the rights to the Software (including future updates to the Software), are and remain the full property of CodeGrade and can never become the property of you or your institution/company. The IP on all modifications or improvements to the Software, regardless of whether they are the result of requests, suggestions or ideas from you, are also entirely the property of CodeGrade. Insofar as you acquire or can acquire IP in the context of these Terms, you will transfer the ownership of all (future) IP to CodeGrade in advance. Insofar as necessary, you will fully cooperate with the first request of CodeGrade to transfer the IP.
With a license, you obtain a non-exclusive right of use with regard to the Service for the duration of the license agreement.
Data that is added by you, in the context of the use of the Service, to the databases, directories or file folders of the Software, are and remain your property. Only you are responsible for the correctness and lawful use of this data.
4 Privacy and Security
CodeGrade stores and processes personal data solely to offer the CodeGrade service and to integrate with your LMS, if applicable (grade passback). If CodeGrade is connected to your LMS, CodeGrade will receive the following information from your LMS: course name, course ID, assignment name, assignment ID, assignment status, user roles, grades, full name, email address, user ID and LMS ID. The bold personal data will only be saved for the students and employees that have visited a CodeGrade assignment. Besides this, CodeGrade also stores handed in assignments, feedback and server log data.
These data will be deleted once your agreement with CodeGrade ends or if CodeGrade is specifically asked to do so.
CodeGrade and its employees are aware of all GDPR and privacy and security requirements. CodeGrade has taken all measures to store data securely - by applying modern encryption and security techniques - and we are continuously improving and checking the security of our systems. CodeGrade means privacy by design and privacy by default. Our privacy policy applies to these Terms, which can be found here: https://codegrade.com/privacy-policy.
5 Termination
If desired, the license can be ended before the end date. In this case, we will delete all data and will offer an export of the data to you. We do not offer restitution.
At the end of the license and in the case you do not wish to continue using CodeGrade, we will delete all data and offer an export of the data to you.
6 Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CODEGRADE BE LIABLE OR RESPONSIBLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON, THROUGH, OR ASSOCIATED WITH THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CODEGRADE EXCEED THE AMOUNT YOU PAID CODEGRADE, IF ANY, IN THE PAST TWELVE MONTHS FOR THE PRODUCTS AND/OR CONTENT GIVING RISE TO THE CLAIM.
THESE LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT CODEGRADE OR ANY OF ITS AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
7 General Terms and Applicable Law
No waiver will be deemed in case of a failure by CodeGrade to enforce any right or provision of these Terms. CodeGrade reserves the right to revise these Terms. Dutch law and jurisdiction applies to these terms. CodeGrade is the trade name of CodeGrade B.V., a Dutch private company, registered in the Amsterdam chamber of Commerce as no. 72576863 with its registered office at Weteringschans 124H, 1017 XT, Amsterdam, the Netherlands.
