1. Eligibility

To use SM Grader, you must be:

An educator at a recognized K–12 institution, a university staff member, or an adult education trainer; or

A qualified professional using SM Grader for legitimate educational or professional purposes.

By registering, you confirm that you meet these criteria and are authorized to accept these Terms of Use on behalf of yourself or your organization.

2. Acceptable Use

Personal Use Only: You agree to use SM Grader exclusively for your own academic or professional purposes.

Account Security: You must keep your login credentials confidential and not share or transfer your account. Notify us immediately if you suspect unauthorized access or misuse.

3. Prohibited Activities (Misuse)

Definition of Misuse:
Any use of SM Grader that violates these Terms, applicable laws, or the platform’s intended purpose constitutes misuse. Examples include:

Reverse-engineering or attempting to access source code.

Uploading malicious content, or engaging in fraudulent or illegal behavior.

Infringing on intellectual property rights or violating the privacy of others.

Consequences:
SM Grader reserves the right to suspend or terminate accounts involved in misuse, at its sole discretion.

Privacy Statement

1. Company & Compliance

Who We Are:
SM Grader is a product of HPM Analytics Pty Ltd, an educational technology company based in Melbourne, Australia.

Legal Compliance:
We comply with Australian privacy laws and all applicable data protection regulations.

2. Data Collection & Use

Confidentiality: All user-provided data, including assessment submissions, is treated with strict confidentiality.

Cloud Services: We use Amazon Web Services (AWS) to store and process data. By using SM Grader, you consent to your data being processed and stored on AWS servers, which may be located outside your country of residence.

AI Providers: Some AI features rely on third-party services provided by OpenAI and Microsoft Azure AI. When using these features, relevant data (e.g., text prompts) may be sent to these providers. We share no personally identifiable information beyond what’s required for generating AI responses.

Data Retention: We retain your data only as long as necessary to deliver the SM Grader service or to meet legal obligations. You may request data deletion at any time by contacting us.

3. Security Measures

We use industry-standard security practices to protect your data against unauthorized access, loss, or disclosure.
You are responsible for maintaining the confidentiality of your login credentials.

4. Sharing with Third Parties

We do not sell or rent user data. Data is only shared with:

AWS (cloud hosting provider),

OpenAI and Microsoft Azure (for AI processing),

Government authorities, if legally required.

5. Warranty & Liability Disclaimer

No Warranty: SM Grader is provided “as is” and “as available.” HPM Analytics Pty Ltd makes no express or implied warranties regarding the platform’s accuracy, reliability, or suitability.

Limitation of Liability: To the maximum extent permitted by law, we are not liable for any direct, indirect, incidental, or consequential damages arising from your use—or inability to use—SM Grader.

6. Governing Law

These Terms are governed by the laws of Victoria, Australia, without regard to its conflict of law provisions.

7. Contact Information

For support or privacy-related inquiries:
Email: support@smgrader.com
Address: HPM Analytics Pty Ltd, Melbourne, Australia

8. Changes to These Terms

We may update these Terms of Use and our Privacy Statement to reflect changes in our practices or legal requirements. Significant updates will be announced via email or on our website.

By using SM Grader, you acknowledge that you have read, understood, and agreed to these Terms of Use and our Privacy Statement.