Access, browsing, consultations and services made available on the Gradepen website/application are subject to acceptance and compliance with the terms and conditions described below.

1. SERVICE DESCRIPTION

Through the present Gradepen website/application, technological solutions in the field of education are made available with the objective of providing, in a single environment, questions on various topics to be used in institutional assessments for students of different courses.

2. ACCEPTANCE OF TERMS AND POLICIES

By using the service(s) of exam preparation, correction, answer key sharing, and automated visualization of subjects of greater difficulty, the user confirms that they have read and understood the Terms of Use and express their agreement with its provisions.

3. REGISTRATION

To access content areas and/or restricted services, the User must register on the Gradepen website/application, creating a profile with login and password and providing personal and functional information. The User is aware that the information provided is done so knowingly and voluntarily, being responsible for its accuracy.

When creating questions in the public modality, the User is aware that they are being used to train Gradepen’s Artificial Intelligence, which may provide new questions with the same theme.

Private questions will not be used by Gradepen’s Artificial Intelligence. However, private questions may be used as context to generate new data for the teacher themselves, and the content produced will be made available only to the teacher.

4. RESPONSIBILITIES

• 4.1. The User is responsible for the accuracy and truthfulness of the information provided and acknowledges that any inconsistency may lead to the impossibility of using services made available by Gradepen.
• 4.2. The User is responsible for their own conduct and for all activities carried out in their account. This means that all content — including text, images, and other materials, regardless of format or technical structure (collectively, “Content”) — created, transmitted, stored, or displayed in their account is their sole responsibility, as the person who created or introduced such Content into the Service. This responsibility applies regardless of whether the Content is kept private, shared, or transmitted using the Service or any third-party application or service integrated with the Gradepen Service.
• 4.3. The login and password may only be used by the registered user, and the password must be kept confidential, being personal and non-transferable. Under no circumstances shall misuse be alleged after any act of sharing.
• 4.4. The User of the website/application is responsible for updating their personal information and for the consequences of omission or errors in the registered personal information.
• 4.5. The User is responsible for repairing any and all damages, direct or indirect (including those resulting from violations of the rights of other users or third parties, including intellectual property, confidentiality, and personality rights), caused to any other User or third party due to non-compliance with this term or any act performed from their access to the internet, the website and/or application.
• 4.6. The User is responsible for the content shared. In case of violations, they acknowledge that the content may be taken down.
• 4.7. The User is prohibited, under penalty of suspension or cancellation of their Account, from: (i) using the Area for unlawful purposes; (ii) submitting third-party data to the Area without proper authorization; (iii) submitting to the Area any type of illegal, immoral, or incompatible content with the Service, such as discriminatory, racist, offensive, injurious, defamatory, slanderous, pornographic material, content related to minors in any respect and especially child pornography or exploitation, as well as any information, tool, software, or knowledge that allows a User or third party to violate, in any way, the Terms.

5. CONTENT RIGHTS

Although you are the owner of the Content stored in the Gradepen service (subject to third-party rights), you acknowledge and agree that Gradepen (and our licensors) hold all legal rights, titles, and interests in the Service, including, without limitation, all software integrated into the Service, stored on Gradepen servers, and all Gradepen software used by you or third parties to allow Content capture, or any Gradepen software applications for compatible devices that allow access and use of the Service (“Gradepen Software”).

6. INTELLECTUAL PROPERTY RIGHTS

By agreeing to these Terms, you also agree that the rights over the Service and Gradepen Software, including all intellectual property rights—such as trademarks, patents, designs, and copyrights—are protected by one or more copyright, trademark, patent, trade secret, and other laws, regulations, and treaties, in addition to this Term.

Furthermore, you agree not to modify, create derivative works from, or otherwise attempt to extract the source code of any Gradepen Software, unless expressly authorized under an open-source license, if we have granted you express written permission, or if you are otherwise legally permitted to do so despite this prohibition.

7. CHANGES TO THE TERMS OF USE

Significant changes and/or updates to this Terms of Use shall take effect from the date of their publication on the website/application and must be fully observed by Users, regardless of prior or express notification. This Term has an indefinite duration and may be amended at any time at the discretion of the Administration in order to meet the public interest.

8. JURISDICTION

Any disputes or controversies arising from any acts performed within the scope of the use of this website/application by Users, including with respect to non-compliance with the Terms of Use and the Privacy Policy, including intellectual property, confidentiality, and personality rights, shall be processed in the Court of the District of Recife/PE.

Recife, June 30, 2024