Insta-Grading

Terms of Service

Effective Date: January 1, 2025

Insta‑Grading is a service operated by E&E Technology LLC, doing business as Insta‑Grading.

These Terms of Service ("Terms") govern your access to and use of the Insta‑Grading website and mobile applications (iOS and Android) (collectively, 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 do not agree, do not access or use the Service.

Educational Records and FERPA

You acknowledge the Service may process education records protected under FERPA. You represent that you have all required rights and permissions to upload such data. E&E Technology LLC acts solely as a service provider and does not control educational records.

1. Overview of the Service

Insta‑Grading provides tools intended to assist educators with scanning and grading student worksheets. The website functions primarily as an informational resource and download portal. All scanning and grading functionality is performed within the mobile applications.

The Service provides automated assistance only and does not replace professional judgment. You are solely responsible for reviewing, verifying, and approving all grading results before use.

2. Eligibility and Intended Audience

The Service is intended for use by educators and education professionals. You must be at least eighteen (18) years of age to create an account and use the Service.

3. Accounts and Authentication

To access certain features, you must create an account authenticated through Firebase Authentication. You agree to provide accurate, current, and complete information and to maintain the security of your login credentials.

You are responsible for all activity that occurs under your account, whether or not authorized by you.

4. Acceptable Use

You agree not to:

  • Use the Service for any unlawful, fraudulent, or unauthorized purpose
  • Upload, process, or scan content that you do not have the legal right to use
  • Attempt to reverse engineer, decompile, interfere with, or disrupt the Service or its security features
  • Circumvent usage limits, subscription plans, or technical restrictions

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Student Data and Privacy

Insta‑Grading is designed with privacy as a core principle. Worksheet scanning and grading occur locally on the user's device.

  • Student worksheets, answers, and grading results are not required to be uploaded to Insta‑Grading servers
  • Insta‑Grading does not act as a custodian, repository, or processor of student education records
  • Cloud connectivity is limited to account authentication and scan‑count tracking for plan eligibility

Additional details regarding data handling are provided in the Privacy Policy.

6. Pricing and Payment Plans

Insta-Grading offers the following pricing options:

  • Pay-As-You-Go: $0.99 USD for 100 scans
  • Monthly Subscription: $4.99 USD per month for unlimited scans
  • Annual Subscription: $39.99 USD per year for unlimited scans

All prices are in U.S. dollars and subject to applicable taxes. We reserve the right to modify pricing at any time with thirty (30) days' notice. Price changes will not affect active subscription periods already paid for.

Payments are processed through the Apple App Store or Google Play Store and are subject to their respective terms and conditions.

7. Scan Credits and Usage Rules

7.1 Free Promotional Scans

New users receive:

  • 200 free scans upon account creation
  • An additional 100 free scans upon leaving a review on the iOS App Store

These promotional scans are provided as a courtesy to allow users to evaluate the Service before purchasing. Promotional scans have no cash value and are non-transferable.

7.2 Pay-As-You-Go Scans

Scans purchased through the Pay-As-You-Go plan do not expire and will roll over indefinitely unless your account is canceled or you upgrade to an unlimited subscription plan.

IMPORTANT: If you upgrade from Pay-As-You-Go to a Monthly or Annual unlimited subscription, any unused Pay-As-You-Go scans will be forfeited and cannot be restored.

7.3 Account Cancellation

If you cancel or delete your account, all unused scans (including free promotional scans and purchased Pay-As-You-Go scans) will be permanently lost and cannot be recovered or refunded.

7.4 No Cash Value

Scan credits have no cash value, cannot be redeemed for cash, and are non-transferable between accounts.

8. Subscription Terms and Auto-Renewal

Monthly and Annual subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

By purchasing a subscription, you authorize Insta-Grading (through the App Store or Google Play Store) to charge your payment method:

  • At the time of purchase
  • Automatically at each renewal period

You may cancel your subscription at any time through your App Store or Google Play Store account settings. Cancellation takes effect at the end of the current billing period. You will retain access to unlimited scans until the end of the paid period.

We do not offer pro-rated refunds for partial billing periods.

9. Refund Policy

ALL SALES ARE FINAL. We do not offer refunds except as required by applicable law or the policies of the App Store or Google Play Store.

Specifically, no refunds will be provided for:

  • Unused scan credits (free promotional or purchased)
  • Partial subscription periods
  • Subscriptions canceled after the billing date
  • Dissatisfaction with grading accuracy or results
  • Inability to use the Service due to device compatibility, technical issues, or user error

The free promotional scans (200 upon signup + 100 for review) serve as your opportunity to evaluate the Service. No additional free trial period is offered.

For questions about billing or to request a refund under applicable law, please contact the App Store or Google Play Store directly, or email us at support@insta-grading.com.

10. Promotional Offers and Modifications

Promotional offers, including the 200 free scans for new users and the 100 scans for leaving a review, may be modified, suspended, or discontinued at any time without notice.

Promotional offers are limited to one per user and are non-transferable. We reserve the right to revoke promotional credits if we detect fraud, abuse, or violation of these Terms.

Reviews submitted to receive the 100-scan bonus must comply with App Store review guidelines. Fake, fraudulent, or abusive reviews may result in forfeiture of the bonus and account suspension.

11. Accuracy and Educational Disclaimer

Automated grading results may not be accurate in all cases. The Service is provided as a support tool only and does not guarantee accuracy, time savings, or any specific educational outcomes.

YOU ACKNOWLEDGE AND AGREE THAT:

  • You remain solely responsible for all grading decisions, student evaluations, and educational outcomes
  • You must manually review and verify all automated grading results before using them in any educational context
  • Insta-Grading makes no guarantee regarding the accuracy, completeness, or reliability of grading results
  • The Service may produce incorrect results due to handwriting recognition errors, image quality issues, or other technical limitations
  • You will not rely solely on automated results without independent verification

Insta-Grading is not liable for any academic consequences, student grade disputes, or educational decisions made based on automated grading results.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR UNINTERRUPTED ACCESS.

WE DO NOT WARRANT THAT:

  • The Service will meet your requirements or expectations
  • Grading results will be accurate, complete, or error-free
  • The Service will be available at all times or free from interruptions
  • Any defects or errors will be corrected
  • The Service is compatible with all devices, worksheets, or handwriting styles

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INSTA-GRADING, E&E TECHNOLOGY LLC, OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of data, including worksheet images or grading results
  • Loss of profits or revenue
  • Loss of educational outcomes or student academic performance
  • Incorrect grading results or academic consequences
  • Service interruption, downtime, or unavailability
  • Device damage or malfunction
  • Reliance on automated grading results

INSTA‑GRADING'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO INSTA‑GRADING IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

These limitations apply even if Insta-Grading has been advised of the possibility of such damages and regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

14. Indemnification

You agree to indemnify, defend, and hold harmless Insta‑Grading from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service or violation of these Terms.

15. Suspension and Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe that you have violated these Terms or that your conduct may harm the Service, other users, or third parties.

You may discontinue use of the Service at any time. Upon termination, all unused scan credits will be forfeited and cannot be refunded.

16. Modifications to the Service or Terms

We reserve the right to modify, update, or discontinue the Service or these Terms at any time. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

17. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Binding Arbitration

Except for disputes that qualify for small claims court or relate to intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration, rather than in court.

Arbitration shall be conducted on an individual basis. The arbitrator shall have exclusive authority to resolve any dispute regarding the interpretation, applicability, or enforceability of this arbitration agreement.

Class Action Waiver

You agree that disputes will be resolved only on an individual basis and not as part of any class, collective, or representative action.

Opt‑Out Right

You may opt out of this arbitration agreement by sending written notice to support@insta‑grading.com within thirty (30) days of first accepting these Terms.

18. Intellectual Property Rights

All software, designs, text, graphics, logos, trademarks, and functionality associated with the Service are the exclusive property of Insta‑Grading and are protected by applicable intellectual property laws.

You may not copy, modify, distribute, sell, lease, or create derivative works from any part of the Service without prior written permission.

19. DMCA and Copyright Complaints

If you believe that content associated with the Service infringes your copyright, you may submit a notice in accordance with the Digital Millennium Copyright Act (DMCA) by contacting:

Email: support@insta‑grading.com

Please include sufficient information to identify the copyrighted work and the allegedly infringing material.

20. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States and the state in which Insta‑Grading operates, without regard to conflict‑of‑law principles.

21. Contact Information

If you have questions about these Terms, please contact:

Email: support@insta‑grading.com

Website: https://insta‑grading.com

By using Insta‑Grading, you confirm that you have read, understood, and agree to these Terms of Service.