1. Eligibility

You need to 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 you meet the above criteria and have the authority to enter into these Terms of Use.

2. Acceptable Use

– Personal Use Only: You agree to use SM Grader solely for your own academic or professional evaluation.
– Account Security: You will keep your login credentials confidential and will not share or transfer your account to anyone else. You agree to promptly notify SM Grader of any unauthorized use or breach of your account.

3. Prohibited Activities (Misuse)

Definition of Misuse: Any activity that violates these Terms, applicable laws, or the intended use of SM Grader constitutes misuse. Examples include:
– Reverse-engineering or attempting to access the platform’s source code.
– Uploading malicious content or engaging in fraudulent or illegal activity.
– Violating the privacy of others or infringing upon intellectual property rights.
Consequences: SM Grader reserves the right to suspend or terminate your account for any misuse, at its sole discretion.

Privacy Statement

1. Company and Compliance

Who We Are: SM Grader is a brand of HPM Analytics Pty Ltd, an educational technology company headquartered in Melbourne, Australia.
Legal Compliance: We are fully compliant with Australian Privacy Laws and handle your data in accordance with all applicable data protection regulations.

2. Data Collection and Use

Confidentiality: We treat all information and assessment submissions you provide with the utmost confidentiality.

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

AI Providers: Our AI Assist features rely on OpenAI or Microsoft Azure AI services. When you use AI Assist, certain data (e.g., text prompts) may be sent to these providers. We do not share personally identifiable information beyond what is necessary for generating the AI-based outputs.

Data Retention: We keep your data only for as long as needed to provide the SM Grader service or to comply with legal obligations. If you wish to delete your data, contact us at the email provided below.

3. Security Measures

We implement industry-standard security practices to protect your data from unauthorized access, loss, or disclosure.
You are responsible for maintaining the security of your account credentials.

4. Sharing with Third Parties

We do not sell or rent user data.
We only share user data with:
– AWS (our cloud service provider).
– OpenAI or Microsoft Azure AI for AI processing.
– Government authorities, if required by law.

5. Warranty and Liability Disclaimer

No Warranty: SM Grader is provided on an “as is” and “as available” basis for trial purposes. HPM Analytics Pty Ltd makes no warranties—express or implied—regarding the accuracy, reliability, or suitability of SM Grader for any particular purpose.

Limitation of Liability: To the fullest extent permitted by law, HPM Analytics Pty Ltd shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from or related to your use of (or inability to use) SM Grader.

6. Governing Law

These Terms of Use and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

7. Contact Information

For questions, support, or requests related to privacy and data handling, please contact us at:
Email: support@smgrader.com
Address: HPM Analytics Pty Ltd, Melbourne, Australia

8. Changes to These Terms

We reserve the right to modify or update these Terms of Use at any time to reflect changes in our policies, practices, or legal requirements. We will provide notice of any significant modifications by posting the updated Terms on our website or through email notifications.

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