Terms of Service

1. Acceptance of Terms

By checking the "I have read and agree to the Terms of Service and Privacy Policy" checkbox and completing your account registration on ClassLens (the "Service"), available at www.classlens.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not check the acceptance box and do not use the Service.

These Terms constitute a legally binding agreement between you and Evolved Academics, LLC ("Evolved Academics," "we," "us," or "our"), a California limited liability company.

We may update these Terms from time to time. When we make material changes -- including but not limited to changes affecting data handling, liability, indemnification, or dispute resolution -- we will:

• Update the "Last Updated" date and version at the top of these Terms
• Require your affirmative re-acceptance in the app before you continue using the Service. You will see the revised Terms at your next sign-in and must accept them to proceed
• Show you a summary of the material changes when we ask you to re-accept
• Notify any school district that has executed a Data Processing Agreement with us, on the terms that agreement sets

Revised Terms do not apply to you until you accept them. We do not treat continued use as acceptance of a material change, and we write each acceptance to an append-only consent log tied to your account, recording the Terms of Service version and Privacy Policy version in force when you accepted, the date and time, the IP address recorded with the request, and your browser's user agent. The log is kept for as long as your account exists and is deleted with it. You may request a copy of your own consent record at any time.

Non-material changes (such as corrections of typographical errors or updated contact information) will be posted with an updated "Last Updated" date. Your continued use of the Service after such non-material changes take effect constitutes acceptance.

If you do not accept updated Terms, you may discontinue use of the Service and request deletion of your account pursuant to Section 15.

2. Description of Service

ClassLens is an AI-assistive grading and teaching tool for Google Classroom. The Service allows teachers to:

• Connect their Google Classroom account and select assignments for grading;
• Configure grading preferences, including strictness levels, feedback styles, feedback length, and late work policies;
• Submit student work to an AI model (Google Cloud Vertex AI) for evaluation against a teacher-provided rubric;
• Receive AI-generated draft grades in Google Classroom for teacher review;
• Review, modify, and return grades to students at the teacher's discretion;
• Export grades to Google Sheets; and
• Receive class-wide knowledge gap reports identifying common areas of misunderstanding.

The Service is a grading assistant. It does not replace teacher judgment. All AI-generated grades and feedback are advisory and require teacher review before being delivered to students.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age;
• Be a teacher, educator, or other authorized school personnel;
• Have a Google account (to grade, you also need access to Google Classroom and the courses you teach; we recommend your district-issued Google Workspace for Education account where available); and
• Use the Service solely for educational grading purposes.

You represent that your school or district has authorized the use of AI-assisted grading tools before you process student education records through the Service (see Section 4.2).

ClassLens is designed for teachers and authorized school staff. Students do not need a ClassLens account for their work to be graded. Sign-in does not check whether an account holder is a teacher, and an existing Classroom course is not required to explore ClassLens. The course list shows only Google Classroom courses where the signed-in account is a teacher. The Service is not intended for use by students, parents, or the general public, and this sign-in behavior does not change the eligibility requirements above.

4. Account and Authorization

4.1 Google Authentication

The Service uses Google OAuth for authentication. By connecting your Google account, you authorize the Service to access your Google Classroom data and Google Drive files associated with assignments, and to create Google Sheets for grade export when you request it. ClassLens sends reports, safety notifications and teacher-requested student feedback through its company email service, described in Section 11. This does not require Gmail sending permission. All Google permissions are requested through granular consent, and optional scopes can be denied or revoked at any time through your Google account settings.

4.2 FERPA School Official Designation

When authorized by a school or district, Evolved Academics operates as a "school official" under FERPA (34 CFR 99.31(a)(1)(i)(B)). This designation requires that:

(a) Institutional function. Evolved Academics performs an institutional service or function for which the school or district would otherwise use its own employees -- specifically, AI-assisted evaluation of student submissions against teacher-provided rubrics.

(b) Direct control. Evolved Academics is under the direct control of the school or district with respect to the use and maintenance of education records. Teachers initiate every grading action. No student data is processed without explicit teacher initiation. Schools and districts may request deletion of all data at any time.

(c) Use and redisclosure restrictions. Evolved Academics is subject to the same conditions governing the use and redisclosure of personally identifiable information (PII) from education records that apply to other school officials. We use student education records solely for the educational purpose for which the data was disclosed and do not redisclose PII except to approved subprocessors as described in Section 11.

The decision to designate Evolved Academics as a school official and to disclose student education records must be made at the institutional level by the school or district. Individual teachers should confirm authorization with their school administration before processing student data through the Service.

4.3 Teacher Responsibility

You are responsible for:

• Maintaining the security of your Google account credentials;
• Reviewing all AI-generated grades and feedback before they are delivered to students;
• Ensuring that your use of the Service complies with your school's policies and applicable laws; and
• Notifying us promptly if you believe your account has been compromised.

5. Payments, Billing, and Subscriptions

5.1 Subscription Plans

ClassLens offers the following self-service subscription plans for individual teachers. These allowances apply to subscriptions started on or after November 1, 2026:

A Pro or Max subscription started before November 1, 2026 keeps its earlier monthly allowance (1,000 submission credits on Pro, 5,000 on Max) for as long as it remains active on the same plan. If it ends, or you switch to a different plan, the new plan carries the allowance in effect at that time.

ClassLens offers a Free plan of 100 submission credits per month at no charge through October 31, 2026 (Pacific Time). The Free plan ends on November 1, 2026. From that date, an account with no active Pro, Max, or District plan and no free trial in progress (Section 5.8) cannot start new grading runs. It keeps its account, settings, and Knowledge Gap Reports (retained as described in Section 9.5), and you can subscribe at any time to resume grading.

District plans are invoiced separately under a Master Services Agreement and are not subject to the self-service billing terms in this section (see Section 5.7).

5.2 Auto-Renewal

Your subscription will automatically renew each month at the then-current subscription price unless you cancel before the renewal date. By subscribing to a paid plan, you authorize Evolved Academics to charge your payment method on a recurring monthly basis at the price listed for your selected plan. You will be charged on the same calendar date each month (or the last day of the month if the original date does not exist in a given month). If you upgrade from Pro to Max, you are charged the full Max monthly price on the day you upgrade, your Max submission credits start that day, and that day becomes your monthly billing date from then on. The unused part of your Pro billing period is not refunded (see Section 5.3).

5.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to your paid plan features through the end of the period you have already paid for. No partial refunds are provided for unused portions of a billing period. Deleting your account (Section 15.1) cancels any paid subscription right away. As with cancellation, the unused part of the billing period is not refunded.

5.4 Failed Payments

If a payment fails, our payment processor automatically retries the charge. Your subscription keeps working while those retries run. If every retry fails, or if the payment is still incomplete after fifteen (15) days, the subscription is canceled. Before November 1, 2026, your account then returns to the Free plan; from that date, grading pauses until you subscribe again (see Section 5.1). No data is deleted as a result of a failed payment; your grading settings, preferences, and history are preserved.

5.5 Price Changes

We will provide existing subscribers with at least thirty (30) days' written notice before any price increase takes effect. The notice will include the new price and the date it takes effect. If you do not cancel before the new price takes effect, your continued subscription constitutes acceptance of the new price. The same notice applies before we reduce the monthly submission credits included in an existing subscription.

5.6 Billing Provider

Payments are processed by Stripe, Inc. ClassLens does not store credit card numbers or payment credentials on its servers. Your payment information is handled directly by Stripe in accordance with PCI DSS standards. Stripe's terms of service and privacy policy govern the processing of your payment data.

5.7 District Billing

District plans are invoiced separately under a Master Services Agreement between Evolved Academics and the school district. District billing terms, including pricing, payment schedules, and cancellation, are governed by the applicable Master Services Agreement and are not subject to the self-service billing terms in Sections 5.1 through 5.6.

5.8 Free Trial

New accounts are eligible for a one-time free trial: a 30-day full-access allowance of up to 2,000 submission credits (a trial started before November 1, 2026 keeps its allowance of up to 5,000), with the same grading features as the Pro and Max plans, at no charge and with no payment method required. The trial is granted once per account. The 30-day window begins when you first grade an assignment (not when you create your account) and expires 30 days after that first grading run. When the trial expires before November 1, 2026, your account continues on the Free plan described in Section 5.1 until that date. From November 1, 2026, an expired trial does not include further grading; you can subscribe to Pro or Max at any time to continue, and your account, settings, and Knowledge Gap Reports remain available either way (Section 9.5). Evolved Academics may modify, suspend, or discontinue the trial at any time on a prospective basis; any such change does not shorten a trial already in progress. Eligibility may be limited to prevent abuse, including limits on repeated enrollment through account deletion and re-creation. The trial does not apply to District plans.

6. Acceptable Use

You agree to use the Service only for its intended purpose: AI-assisted grading of student submissions in Google Classroom. You may not:

• Use the Service for any purpose other than educational grading;
• Attempt to access student data belonging to classes or students outside your authorized scope;
• Share your account access with unauthorized individuals;
• Attempt to reverse-engineer, decompile, or disassemble the Service;
• Interfere with or disrupt the integrity or performance of the Service;
• Use the Service in violation of any applicable law or regulation; or
• Deliver AI-generated grades to students without reviewing them first.

You remain solely responsible for all final grading decisions. The Service provides AI-generated suggestions; you, as the teacher, retain full authority and responsibility for the grades and feedback assigned to your students.

7. AI-Generated Content and AI Practices

7.1 AI Output Disclaimers

The grades, feedback, and reports generated by the Service are produced by artificial intelligence (specifically, Google Cloud Vertex AI). You acknowledge and agree that:

• AI output is advisory. All AI-generated grades and feedback are suggestions for your review. They are not authoritative assessments.
• AI may produce errors. AI models can make mistakes, misinterpret student work, grade inconsistently, or produce feedback that is inaccurate or incomplete.
• AI output may reflect biases. AI models may produce grades or feedback that reflect biases present in their training data. Grades or feedback that appear to differ systematically across student demographics should be reported to us at support@evolvedacademics.com.
• AI output may be inappropriate or offensive. In rare cases, AI models may generate feedback that is off-topic, inappropriate, or offensive. The Service is built around mandatory teacher review of every grade and every feedback comment before students see them. Teachers choose between two release modes per grading job: Draft Only (grades saved as Classroom drafts for teacher release inside Google Classroom) or Grade & Review (grades held in the in-app Batch Review Dashboard for teacher review and batch release). Auto-return was permanently removed from the product on 2026-04-12; ClassLens does not release AI grades to students without an explicit teacher action. In Draft Only mode, generated feedback is also available in a read-only teacher view until 24 hours from job start. ClassLens does not send that feedback to students.
• No guarantee of accuracy. We do not warrant or guarantee the accuracy, completeness, or appropriateness of any AI-generated content.
• Teacher review required. You agree to review all AI-generated grades and feedback before they are delivered to students. Grades are delivered either as drafts in Google Classroom (Draft Only mode) or to the in-app Batch Review Dashboard (Grade & Review mode), specifically to facilitate this review.
• Teacher bears responsibility. You, not Evolved Academics, are responsible for all grades and feedback that you assign or return to students, regardless of whether they were generated, suggested, or modified by the AI.

7.2 AI Model and Data Practices

• Model identification. The Service uses Google Cloud Vertex AI for AI-assisted grading. The specific model version may change as Google releases updates; we will disclose the current model on our website or upon request.
• No AI training on student data. Student data submitted through ClassLens is never used to train, improve, or develop any AI or machine learning model. AI evaluation is performed under the Google Cloud Data Processing Addendum, under which Google contractually agrees not to use submitted data to train its foundation models. Google Cloud Vertex AI is enrolled in Zero Data Retention (ZDR) at the project level: Google's Generative AI Services team confirmed the exception to the standard prompt logging policy on 2026-04-30 for Cloud project 135589175772 (the production Vertex AI project for ClassLens), which removes the abuse-monitoring retention window that would otherwise apply to inference inputs and outputs. Temporary provider caches are described in Privacy Policy Section 6.1.
• No student profiling. The AI is used solely for the specific grading task requested by the teacher. We do not use AI to build behavioral profiles, predict student outcomes, or perform analysis beyond the scope of the grading job.
• Human-in-the-loop. The Service is designed to keep the teacher in control. AI-generated output is delivered as a draft (Draft Only mode) or held in the Batch Review Dashboard (Grade & Review mode) for teacher review. The teacher decides whether to accept, modify, or reject each grade and feedback comment before it reaches the student. In Draft Only mode, generated feedback is also available in a read-only teacher view until 24 hours from job start. ClassLens does not send that feedback to students.

8. Intellectual Property

8.1 Our Service

The Service, including its user interface, workflows, software, documentation, and branding, is the intellectual property of Evolved Academics, LLC. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended educational purpose during the term of your account.

8.2 Teacher Content

You retain ownership of your grading preferences, rubrics, settings, and any other content you create or configure within the Service.

8.3 Trademark and Affiliation Disclaimer

ClassLens is an independent product of Evolved Academics, LLC. ClassLens is not affiliated with, sponsored by, or endorsed by Google LLC. Google Classroom, Google Drive, Google Sheets, Gmail, Google Cloud, and Vertex AI are trademarks of Google LLC. All other trademarks are the property of their respective owners.

8.4 Student Work and Education Records

Student submissions and other student-created content are owned by the student and their institution. We claim no ownership rights over student work or student education records. Pupil-generated content and pupil records are the property of and under the control of the local educational agency (LEA) or the student, as applicable under California Education Code Section 49073.1 and the Family Educational Rights and Privacy Act (FERPA). Student submissions are processed transiently and are not stored on our servers beyond the duration of the grading job and the deletion failsafes that back it, at the latest within 48 hours.

9. Student Data and Education Records

This section describes our commitments regarding student data. These commitments apply in addition to our Privacy Policy, which is incorporated into these Terms by reference.

9.1 Prohibition on Sale, Monetization, and Secondary Use of Student Data

We will never sell, rent, trade, or otherwise monetize student data or student education records. We will never use student data for targeted advertising, behavioral profiling, or any commercial purpose unrelated to providing the educational grading service. This prohibition applies regardless of whether a Data Privacy Agreement is in place.

9.2 FERPA Compliance

We comply with FERPA as described in Section 4.2. We use student education records solely for the educational purpose for which they were disclosed. We do not redisclose PII from education records except to approved subprocessors as described in Section 11, and then only for the purpose of performing the grading function.

9.3 COPPA Compliance

Student work is accessed through the teacher's own Google account and their Classroom permissions. We rely on school and district authorization under COPPA, consistent with FTC staff guidance that a school may consent on behalf of parents to the collection of students' personal information for educational purposes. Our Children's Privacy Notice is set forth in Section 10 of our Privacy Policy.

9.4 California Student Privacy Compliance

As a California company operating a service designed for K-12 school purposes, we comply with the Student Online Personal Information Protection Act (SOPIPA, Cal. Bus. & Prof. Code 22584-22585) and California Education Code Section 49073.1 (AB 1584). We do not engage in targeted advertising using student data, do not build non-educational profiles of students, and do not sell student information.

9.5 Data Retention Schedule

We retain data only as long as necessary to provide the Service. The following schedule applies:

The application's general email attempt and delivery records expire after 48 hours. Keyed recipient suppression digests expire 90 days after a bounce or complaint. These digests are pseudonymous. SES keeps addresses on its suppression list until they are removed; local expiry does not remove them. Direct requests to support to stop email are recorded in the provider suppression list. Onboarding and trial email unsubscribe links use a separate local opt-out record and do not stop essential account or policy notices or feedback you ask ClassLens to send. We keep a keyed code derived from your email address, along with the date you opted out, indefinitely, including after account deletion, to honor that opt-out if you sign up again. This record is pseudonymous, not anonymous, and contains no email address or message content. There is currently no option to restart these emails after unsubscribing. Separate onboarding and trial delivery and pilot enrollment records contain an account identifier and are deleted with the account. We also retain a teacher-account and policy-version notice record, without the address or message body, until account deletion. Copies received in the teacher's, student's, founder's or support mailbox follow that mailbox's retention settings and are not erased by these application timers.

In Grade & Review mode, ClassLens keeps the drafted results for teacher review, with each student's name and email address and the names, links and version details of their files. It does not keep a copy of the submission files: the review screen loads each file in the teacher's browser directly from Google Drive. This review copy is deleted when the teacher releases the grades or keeps them as drafts, with a 24-hour expiry as the failsafe. In Draft Only mode, a separate read-only copy of student display names, submission identifiers, scores, criterion results and generated feedback is available to the teacher who ran the job for up to 24 hours from the start of the job. Account deletion removes access to the Draft Only copy and attempts to delete it; if that deletion fails, the copy still expires on its own 24 hours from the start of the job. Opening it does not extend the window, and returning grades in Google Classroom does not delete it. It contains no separate student email-address field, submission files or attachment links. Generated feedback may itself include a student's name or details from their work. Sheet Export jobs do not create either teacher-review copy. The encrypted job-processing cache retains its separate 48-hour expiry failsafe. Email, provider caches and recipient mailboxes follow the separate retention periods in Section 7 of the Privacy Policy. Knowledge gap reports contain aggregate class-level performance data and teaching recommendations and follow their separate retention schedule.

Deleting your account removes access to Draft Only feedback-view copies and attempts to delete them. If that deletion fails, they still expire on their own 24 hours from the start of the job.

9.6 Data Ownership

Pupil records continue to be the property of and under the control of the local educational agency (LEA). Nothing in these Terms transfers ownership of student education records to Evolved Academics.

9.7 Parent and Guardian Rights

Parents and guardians retain the right to:

• Review: Request a description of the student information processed by the Service. Grade & Review copies have a 24-hour expiry, Draft Only feedback views expire 24 hours from job start, and the encrypted processing cache has a separate 48-hour expiry. Provider caches, email delivery, suppression records and recipient mailboxes follow the separate periods in Section 7 of the Privacy Policy.
• Correction: Request correction of inaccurate student information, to the extent any such information is held.
• Opt out: Request, through the school or district, that their child's work not be graded with ClassLens. Teachers can exclude individual students from grading jobs in Grading Settings, and the exclusion applies to every later grading job for that class until the teacher removes it or it is purged as unused. Excluded work is never read, never sent to the AI-assistive grading tool, and never billed; the teacher enters that student's grade themselves.

To exercise these rights, parents and guardians should contact the school or district in the first instance, or contact us directly at support@evolvedacademics.com.

10. Data Security and Breach Notification

10.1 Security Measures

We implement industry-standard security measures to protect the data we process, including:

• Encryption at rest: Server disk volumes use encrypted EBS volumes. OAuth tokens receive additional application-level encryption using AES-256-GCM.
• Encryption in transit: All data transmitted between our servers, Google APIs, Cloud Storage, and Vertex AI uses TLS (TLS 1.2 minimum, TLS 1.3 negotiated where supported).
• Network isolation: All databases and caches are hosted on private networks with no public-facing ports. Application access occurs through a Cloudflare tunnel with zero inbound ports on our infrastructure.
• Access controls: Least-privilege access for all service components. Parameterized queries to prevent SQL injection.
• Security certifications: ClassLens has completed CASA Tier 2 security assessment and SOC 2 Type I examination.

10.2 Breach Notification

In the event of a security breach that results in the unauthorized access, disclosure, or acquisition of student education records or other personal information, we will:

• Notify affected schools and districts within seventy-two (72) hours of confirming the breach;
• Provide written notice that includes: a description of the incident, the types of data involved, the steps we have taken to contain and remediate the breach, recommended steps that affected individuals can take, and contact information for questions;
• Cooperate with the school's or district's incident response procedures, including providing information needed for the school or district to fulfill its own notification obligations under FERPA and applicable state law; and
• Comply with applicable state breach notification laws, including California Civil Code Section 1798.82.

Where a Data Privacy Agreement between Evolved Academics and a school or district specifies a shorter notification timeline, that timeline shall control.

11. Third-Party Services and Subprocessors

The Service relies on the following third-party services (subprocessors). Each is used solely for the purposes described below.

We do not engage additional subprocessors that process student data without updating this list. Schools and districts with an executed Data Privacy Agreement will be notified of subprocessor changes as specified in the agreement.

12. Service Availability

We strive to provide reliable, consistent access to the Service. However:

• The Service is provided on a "best effort" basis. We do not guarantee any specific level of uptime or availability.
• We may temporarily suspend the Service for maintenance, updates, or to address security concerns, with reasonable advance notice where practicable.
• The Service depends on third-party services (Google Classroom API, Google Cloud Vertex AI, Google Cloud Storage, AWS, Cloudflare) that are outside our direct control. Outages or changes to these services may affect the availability or functionality of the Service.
• We reserve the right to modify, update, or discontinue any feature of the Service. We will provide reasonable notice of material changes to functionality.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY AI-GENERATED GRADES OR FEEDBACK WILL BE ACCURATE, COMPLETE, OR APPROPRIATE.
• IN NO EVENT SHALL EVOLVED ACADEMICS, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
• OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations do not apply to: (i) Evolved Academics' indemnification obligations under Section 14.2; (ii) liability arising from Evolved Academics' gross negligence or willful misconduct; or (iii) liability that cannot be limited under applicable law.

AI-generated grades and feedback are advisory in nature. The teacher is responsible for reviewing and approving all grades before they are delivered to students. Evolved Academics shall not be liable for grades that a teacher delivers to students without adequate review.

14. Indemnification

14.1 Your Indemnification of Evolved Academics

You agree to indemnify, defend, and hold harmless Evolved Academics, LLC and its officers, members, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or connected with:

• Your use of the Service without proper institutional authorization;
• Your failure to review AI-generated grades before delivering them to students;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or school policy; or
• Any claim by a third party arising from your use of the Service in a manner not authorized by these Terms.

14.2 Evolved Academics' Indemnification of Schools and Districts

Evolved Academics, LLC will indemnify, defend, and hold harmless any school or district that has authorized use of the Service (and its officers, employees, and agents) from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or connected with:

• A breach of student education records caused by Evolved Academics' negligence or failure to comply with its security obligations under these Terms or an applicable Data Privacy Agreement;
• Evolved Academics' violation of FERPA, COPPA, or applicable state student privacy laws to the extent caused by Evolved Academics' acts or omissions; or
• Any claim that the Service infringes a third party's intellectual property rights.

This indemnification is subject to the following conditions: (a) the indemnified party provides prompt written notice of the claim; (b) Evolved Academics has sole control of the defense and settlement; and (c) the indemnified party provides reasonable cooperation at Evolved Academics' expense.

15. Termination and Data Disposition

15.1 Termination by You

You may stop using the Service at any time. You may delete your account and its associated data (Section 15.3 describes the few records kept) at any time in Settings, or by contacting us at support@evolvedacademics.com. You may also revoke the Service's access to your Google account at any time through your Google account settings.

15.2 Termination by Us

We may suspend or terminate your access to the Service if:

• You violate these Terms;
• We are required to do so by law;
• Your use of the Service poses a security risk or legal liability; or
• We discontinue the Service.

Where practicable, we will provide you with advance notice and an opportunity to export your data before termination takes effect, except where immediate termination is necessary to comply with law or protect the security of the Service.

15.3 Data Disposition Upon Termination

Upon termination of an account or upon request by a school or district:

• We will delete the teacher account record, OAuth tokens, and grading preferences associated with the account within thirty (30) days. A small number of records are kept instead with the teacher's Google ID replaced by a one-way hash, because they are another person's audit or provenance record or an abuse-prevention tombstone. They are listed in Section 7 of the Privacy Policy.
• Student submissions, grades, and AI-generated feedback are not retained on our servers beyond the duration of each grading job and the deletion failsafes that back it, at the latest within 48 hours (for the live cache; Privacy Policy Section 6 describes encrypted entries that can remain in the cache's on-disk file until it is compacted). If termination falls inside that window, any student data still in flight is deleted by those failsafes rather than returned. One record of student data is deliberately kept: an AI-grading opt-out, where a teacher has set one. It holds an opaque Google Classroom identifier and a class id, with no name, email, or schoolwork, and the identifier of the teacher who set it is replaced by a hash when the account closes. It is kept so that closing one teacher's account cannot resume AI grading for a student a co-teacher still shares the class with. A school or district may ask us to remove it at any time.
• Grading job metadata (which does not contain student PII) will be deleted or anonymized within thirty (30) days of termination.
• Upon request, we will provide written confirmation of deletion.

Pupil records shall not be retained or available to Evolved Academics upon completion of the terms of any contract or agreement with a school or district, in accordance with California Education Code Section 49073.1.

15.4 Survival

The following sections survive termination of these Terms: Section 7 (AI-Generated Content and AI Practices), Section 8 (Intellectual Property), Section 9 (Student Data and Education Records), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 16 (Data Privacy Agreement Supremacy), Section 17 (Governing Law and Dispute Resolution), and Section 19 (General Provisions).

16. Data Privacy Agreement Supremacy

Schools and districts may execute a Data Privacy Agreement (DPA) or National Data Privacy Agreement (NDPA) with Evolved Academics governing the processing of student education records.

To the extent any provision of these Terms conflicts with a Data Privacy Agreement executed between Evolved Academics and a school or district, the Data Privacy Agreement shall control with respect to the handling of student data.

These Terms are intended to complement, not override, the data handling commitments in any applicable Data Privacy Agreement. Schools and districts may request execution of a Data Privacy Agreement by contacting support@evolvedacademics.com.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions.

17.2 Dispute Resolution

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction and venue of such courts.

Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least thirty (30) days following written notice of the dispute.

18. Audit Rights

Schools and districts that have authorized use of the Service, whether through a Data Privacy Agreement or otherwise, have the right to:

• Request information about our data handling practices, security measures, and compliance with applicable education privacy laws;
• Review our most recent SOC 2 report and CASA assessment results upon request and subject to a non-disclosure agreement;
• Request confirmation that application grading copies of submission content, grades and feedback have been deleted after the job or its deletion failsafes, within 48 hours (the Privacy Policy, Section 6, describes encrypted entries that can remain in our cache's on-disk file until it is compacted), and information about provider caches, email delivery and suppression records, and recipient-mailbox retention as set out in Section 7 of our Privacy Policy; and
• Conduct or commission a reasonable audit of our compliance with the data handling commitments in these Terms or an applicable Data Privacy Agreement, upon reasonable written notice and during normal business hours.

We will cooperate with reasonable audit requests and will respond to written inquiries within thirty (30) days.

19. General Provisions

19.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

19.2 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Data Privacy Agreement, constitute the entire agreement between you and Evolved Academics, LLC regarding your use of the Service. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and Evolved Academics regarding the Service.

19.3 Force Majeure

Evolved Academics shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of government, internet or telecommunications failures, failures of third-party service providers (including Google, Amazon Web Services, and Cloudflare), power outages, or pandemic-related disruptions.

20. Contact and Accessibility

20.1 Contact Information

If you have questions about these Terms of Service, please contact us:

For urgent matters related to data breaches or student privacy concerns, we will respond within 72 hours.

20.2 Accessibility

We are committed to making the Service accessible to users with disabilities. We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter an accessibility barrier while using the Service, please contact us at support@evolvedacademics.com so we can address it.