An app for teachers to scan and grade multiple-choice tests using their smartphone camera.
Last updated: June, 6, 2017.
These Terms of Service ("Terms", "Terms of Service") govern your relationship with Touchgrade mobile application (the "Service"), Touchgrade.com (the “Website”), app and websites and all content, services and products available at or through the app and website, operated and owned by Smart Space Applications Inc. ("us", "we", or "our"). The Service and Websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Smart Space Applications Inc. (collectively, the "Agreement").
Please read these Terms of Service carefully before using our Touchgrade mobile application (the "Service") or Touchgrade.com (the “Website”). It is required that you read, consent and agree to these Terms together with our Privacy Policy before you are allowed to purchase and use Touchgrade, Smart Space Applications Inc., services set forth on www.touchgrade.com, its website (the "Website") and its associated mobile applications ("Services").
“You” or “User” or “Your” means an individual user of the Service, or if these Terms of Service are incorporated as part of an agreement with a school, school district/board or other legal entity, or an agreement by a school administrator, or other manager of a legal entity, then “You” or “User” refers to that school, school district/board, or other legal entity. Your access to and use of the Service or Website is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service or Website. Together, the Terms and Privacy Policy constitute a contractual Agreement between You and Smart Space Applications Inc.
By accessing or using the Service or Website you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service or Website.
Registration and participation on the Service or Website is restricted to those individuals over 18-years of age, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in the Services or Website, you represent that you are over 18-years of age, or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein. In any case, you affirm that you are over the age of 13 as the Site is not intended for children under 13. If you are under 13 years of age, do not use the Site.
If you are entering into this Agreement on behalf of a business entity, you must represent that you have the legal authority to duly bind that business to this Agreement; in which case the terms “you”, “your” or “Member” shall refer to that business entity. If you do not have such authority, or if you do not agree with the terms and conditions of our Agreement, then you cannot use the Service. In addition, those who wish to register and participate must meet the minimum requirements laid out in the Terms contained herein. If you do not qualify or do not agree to these terms, you may not use the Service or Website.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Smart Space Applications Inc., cancels it. You may cancel your Subscription renewal through your online account management page associated with Google Play. A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription.
You shall provide Smart Space Applications Inc., and/or Google Play with accurate and complete billing information including full name, address, state/province/territory, zip code/postal code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Smart Space Applications Inc., and/or Google Play to charge all Subscription fees incurred through your account to any such payment instruments.
Fees are not refundable. Automatic Renewal. Unless you select to cancel your account through Google Play before the end of the applicable subscription period, your service will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Furthermore, You agree that any license purchased by You will be used by only one individual for the life of the license.
Smart Space Applications Inc., may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Smart Space Applications Inc., until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Smart Space Applications Inc., reserves the right to
Smart Space Applications Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable. See Googleplay terms of use for more information concerning refund eligibility.
When you create an account with us or use the service, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You, the user, are responsible for any information entered while using the Touchgrade app and must keep such information confidential in accordance with local laws and rules and regulation supported by your institution, schoolboard and/or school district and Smart Space Applications Inc., does not collect or is responsible, in any way for such information. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Your privacy is extremely important to us. We take care to limit what information we collect and how it may be used. We further strive to assist you in understanding our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Service. By using our Service, you agree that Smart Space Applications Inc. can use such data according to the terms set forth within our Privacy Policy. Teachers and school administrator: if you are a teacher, administrator, aide, or similar personnel (“School Official”) accessing the Service on behalf of a school, school district, or similar educational institution ("Institution"), the following terms apply to you:
The Service and Website, and all contents, including but not limited to text, images, graphics or software code are the property of Smart Space Applications Inc., and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Smart Space Applications Inc., or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Service or Website or both grants you no right or license to reproduce or otherwise use any Smart Space Applications Inc., or third-party trademarks.
The Service and/or Website may contain links to third-party web sites or services that are not owned or controlled by Smart Space Applications Inc.. Smart Space Applications Inc., has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Smart Space Applications Inc., shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
The Services and the contents of the Website are intended solely for the personal, non-commercial use. Therefore, the Website and Services shall only be used by you in accordance with the terms of this Agreement. Any software, technology, and materials displayed or performed on the Website, (including, but not limited to text, graphics, articles, photographs, images, illustrations - also known as the "Content", are protected by copyright and other intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: without the express prior written consent of the respective owners, and in any way that violates any third party right.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You may download a single copy of the Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Smart Space Applications Inc., or from the copyright holder identified in such Content's copyright notice.
Under no circumstances will Smart Space Applications Inc., be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You are free to Share, copy, distribute and transmit the answer sheets under the following conditions:
As Smart Space Applications Inc., asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Touchgrade.com violates your copyright, you are encouraged to notify Smart Space Applications Inc.. Smart Space Applications Inc., will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
Smart Space Applications Inc., may terminate or suspend your access to all or any part of the Service or Website or both, at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service and view the subscriptions and cancel them from the My Apps screen in the Google Play Store app or from the app's product details page in the Play Store app.This Agreement shall remain in full force and effect while you use the Services.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify, defend and hold harmless Smart Space Applications Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to:
Smart Space Applications Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from
Smart Space Applications Inc., makes no guarantees, representations or warranties of any kind as regards the website, service and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Smart Space Applications Inc., its subsidiaries, affiliates, and its licensors do not warrant that
If you breach any of these Terms and Smart Space Applications Inc., chooses not to immediately act, or chooses not to act at all, Smart Space Applications Inc., will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Smart Space Applications Inc., does not waive any of its rights. Smart Space Applications Inc., shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. Furthermore, You agree not to reverse engineer, duplicate, publish, modify, or otherwise any of Our software products or services, or to distribute the materials on the Services.
We may provide experimental features for you to try. These experimental features are not guaranteed to work the first time or any time. These features may abruptly and unexpectedly cease functioning, or disappear altogether. Other features of Smart Space Applications Inc.are not regularly tested for compatibility with experimental features. Experimental features will be added and old ones removed, possibly (probably) without notice.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Smart Space Applications Inc., does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. We do not guarantee the accuracy or completeness of any information or content. You agree to evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Regular backups of all data are recommended. We are not responsible for lost, corrupted, or misplaced data of any kind.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and website, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
You represent and warrant that:
Smart Space Applications Inc., reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Smart Space Applications Inc., may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The User agrees to only use the Service in compliance with all applicable laws, rules and regulations, including the Education Act Ontario, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and the Personal Health Protection Information Act, and any rules promulgated by Your school, Your school board or district, or other employer or other educational authority or government authority regarding the sharing of student information. It is the Users sole responsibility to securely store any data in electronic form input or collected through the Service by or from You or any data that contains personally identifiable information of a student. All information collected by the User through the Service is the sole responsibility of the User. Smart Space Applications Inc., does not collect or distribute the information collected by the User such as personally identifiable information of a student or students. Smart Space Applications Inc., the Service or Website, is not responsible and has no control over what information an educational establishment or school may provide it with regard to student information. For that reason, if you are a parent or student, you hereby agree and consent to the Service storing and accessing such Education Records. Further if you are a teacher, you represent that your school or district has obtained all necessary consent to share such Educational data with the Service, in each case, solely to enable the application Touchgrade's operation of the Services from your parent, legal guardian, or other person authorized to provide such permission. Furthermore, You represent and warrant that you have the permission of the learning institution of which you are associated to use our Service.
You agree to allow the Service to re-share information with third parties, when You so designate (e.g., with online gradebook services). The service can only be used for its intended purpose, which is to grade educational exams. Smart Space Application Inc., or the Service, is not responsible for any information collected by the User via the Service. Any information collected, stored or distributed using the Service is the sole responsibility of the User.
If you have any questions about these Terms, please contact us.