Terms and Conditions

Effective Date: November 25, 2024
Last Updated: July 1, 2025

These Terms and Conditions (“Terms”) govern your use of xperiencebasedgrading.com (“Website”) and our subscription service. By using our services, you agree to these Terms.

1. Subscription Services

1.1 Description of Services

We provide an annual subscription service giving access to the XPerience Based Grading platform.

1.2 Subscription Term

Your subscription begins on the purchase date and continues for the purchased term. Subscriptions do not auto-renew.

2. Billing and Payments

2.1 Pricing

Subscription fees are listed on our website. We may change prices with prior notice.

2.2 Payment Method

By subscribing, you authorize us to charge your selected payment method.

2.3 Trial Periods

If offered, trial details will be provided before enrollment.

3. Cancellations and Refunds

3.1 Cancellation

You may cancel at any time. Access remains active until the end of the paid subscription term.

3.2 Refunds

We do not offer refunds or prorating, including for multi-year purchases.

4. Data Retention and Ownership

We retain personally identifiable information for up to 12 months after your account is closed, unless you request earlier deletion. After that time, such data will be deleted or anonymized.

Anonymized data (containing no personally identifiable information) may be kept indefinitely for analytics, product improvement, and research.

Users retain ownership of their personal and student data. XPerience Based Grading acts only as a custodian and processor of this data on behalf of educators and institutions.

5. Privacy, Security, and Third Parties

Your use of the service is also governed by our Privacy Policy.

We implement technical, administrative, and physical safeguards to protect personal information. This includes encryption of all personal data in transit, secure storage, strong password requirements, and multi-factor authentication. Access is limited to authorized personnel only.

We use third-party providers only as necessary to operate our services (e.g., payment processing, hosting, and email delivery). These providers are contractually bound to use data solely for their contracted service, and details are provided in our Privacy Policy.

6. User Responsibilities

Student Accounts (COPPA)

• Student accounts are provisioned only by educators or schools.
• Students under 13 may not register independently.
• By using the service, schools and educators confirm they are authorized to provide consent under COPPA on behalf of parents or guardians.

FERPA

• Schools and educators are responsible for ensuring use of the platform complies with FERPA.
• We act as a “school official” and process student records only under the school’s control and direction.

GDPR

• For EU/UK schools and users, use of the platform must align with GDPR requirements.
• By creating accounts, schools confirm they have a lawful basis for processing student data and providing it to us as a data processor.

7. Limitation of Liability

Our liability is limited to the amount you paid in the past three months.

8. Dispute Resolution

Any disputes will be resolved through binding arbitration.

9. Changes to Terms

We may update these Terms at any time. You will be notified of material changes in advance, and the effective date will always be posted.