Terms and conditions UpGrade
1. Scope
These terms and conditions apply to the use of UpGrade: a digital tool that supports schools and teachers with grading, assessing and giving feedback on student work.
UpGrade is intended as support for the teacher. The teacher or school remains responsible for the final assessment, feedback and communication with students, parents or other stakeholders.
2. What UpGrade does
UpGrade may support, among other things:
- uploading tests, assignments, rubrics, correction instructions and student answers;
- recognizing and structuring documents;
- proposing scores, feedback or points of attention;
- showing insights at question, student or class level;
- supporting a teacher review and control process.
The exact functionality may differ by subscription, pilot, school agreement or product version.
3. No automated final decision
UpGrade does not make independent final decisions about students.
The output of UpGrade is a proposal or aid. The teacher must review the output, adjust it where needed and make the final decision. Scores, grades, feedback and reports should only be considered final after they have been reviewed by an authorized teacher or school employee.
4. Account and access
The school or user is responsible for proper use of accounts, passwords and access rights.
Accounts may not be shared with unauthorized persons. The school ensures that only authorized staff members have access to student data and assessment materials.
In case of misuse, security risks or violation of these terms, UpGrade may temporarily block access where this is reasonable and necessary.
5. Data use and privacy
Personal data are governed by the Privacy statement and, where UpGrade processes personal data for a school, by a separate data processing agreement.
For school use, the following principles generally apply:
- the school is the controller;
- UpGrade processes personal data on behalf of the school;
- UpGrade does not use student data for its own marketing;
- UpGrade does not use student data to train AI models, unless this has been agreed separately in writing in advance;
- UpGrade processes personal data only to provide, secure, support and improve the service within the agreed boundaries.
6. What users may not do
Users may not use UpGrade for:
- unlawful processing of personal data;
- uploading data for which the user has no permission or authority;
- allowing binding decisions about students to be made without human review;
- uploading highly sensitive data unless this is necessary for the educational purpose and the school has a valid legal basis and suitable agreements in place;
- misuse, hacking, reverse engineering or disruption of the service;
- use that conflicts with law, school policy or contractual agreements.
7. Responsibilities of the school
The school is responsible for:
- the lawfulness of the data it processes in UpGrade;
- informing students, parents and staff where necessary;
- setting retention periods and internal authorizations;
- reviewing AI output before it is used;
- carrying out a DPIA or risk assessment where required by the school;
- complying with its own education, assessment and privacy policies.
UpGrade may provide supporting information for privacy reviews, security questions and DPIAs, but does not take over the school’s responsibility.
8. Availability and support
UpGrade makes reasonable efforts to keep the service secure, stable and available.
Maintenance, updates or incidents may temporarily affect availability. Where reasonably possible, UpGrade informs users in advance about planned maintenance.
Support is provided according to the offer, agreement, service arrangement or pilot arrangement.
9. Security
UpGrade takes appropriate technical and organizational measures to protect data. These may include access control, logging, encryption where appropriate, secure hosting, backups and incident procedures.
The specific security measures are described in the data processing agreement, security appendix or school documentation.
10. Intellectual property
All rights to UpGrade, the software, designs, documentation, workflows, models, texts and other parts of the service remain the property of UpGrade or its licensors.
The school retains rights to its own assessment materials, student work, rubrics and other content supplied by the school.
UpGrade receives only the right to process supplied content to the extent necessary to provide, secure and support the service.
11. Feedback and product improvement
Users may provide feedback about the service. UpGrade may use general feedback to improve the service.
Personal data or student content are not used for model training or product development outside the agreed privacy arrangements.
12. Payment and subscription
Prices, invoicing, term, termination and any credits or usage limits are set out in the offer, order page or separate agreement.
In case of late payment, UpGrade may, after reasonable warning, restrict or suspend access, unless this would conflict with school or pilot arrangements.
13. Changes to the service
UpGrade may improve, expand or change the service. For important changes that affect privacy, security, functionality or contractual arrangements, UpGrade will inform the school in a timely manner.
Changes that create a material privacy risk will not be made without appropriate review and, where necessary, additional agreements.
14. Liability
UpGrade is not liable for damage caused by a user adopting AI output without human review.
UpGrade is also not liable for incorrect or incomplete input from the user, unauthorized account use or use outside the purpose of the service.
For business customers, liability may be limited to the amount paid for the service in the preceding period, unless such limitation is not permitted by law. The exact limitation should be reviewed with a lawyer.
15. Termination and export
Upon termination of the agreement, the school may export or request deletion of data within an agreed period.
After that period, UpGrade deletes or anonymizes the data according to the agreements, unless legal retention obligations or security reasons require temporary storage.
16. Order of precedence
If multiple documents apply, the following order applies in case of conflict:
- the main agreement or offer;
- the data processing agreement;
- the security or AI appendix;
- these terms and conditions;
- other documentation.
For personal data, the data processing agreement prevails over these terms and conditions.
17. Applicable law
Dutch law applies to these terms.
Disputes are preferably resolved through consultation first. If that does not succeed, disputes will be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.
Last updated: 27 June 2026