Terms and Conditions

1. Definitions

The definitions used below in these terms and conditions have the following meaning, unless the specific context provides other definitions:

  • “Evaluation” means any evaluation, feedback or similar (irrespective of the form or format) provided in connection with the Hand-in submitted by a Submitter.
  • “Evaluator” means any person who provides Evaluation on the basis of the Hand-in.
  • “Hand-in” means any hand-in (irrespective of the form or format) submitted by the Submitter which is subject to an Evaluation.
  • “PeerGrade” means PeerGrade ApS, company reg. (CVR) no. 36 99 95 51, Esromgade 7A, 3. tv., DK-2200 Copenhagen N, Denmark.
  • “Privacy Policy” means PeerGrade’s privacy policy (as amended from time to time) and available at Privacy Policy as well as any other document referred to in the privacy policy or otherwise made available by PeerGrade on the Website.
  • “Submitter” means any person who submits the Hand-in for the purpose of receiving an Evaluation.
  • “Terms” means these terms and conditions (as amended from time to time) and any other document referred to in these terms and conditions or otherwise made available by PeerGrade on the Website.
  • “User” means any person who is a Submitter and/or an Evaluator or uses or visits the Website (irrespective of the intention behind and irrespective of the way in which the use or visit has taken place) and/or who registers a profile on the Website.
  • “Website” means www.peergrade.io, all related websites as well as any other websites managed by or associated with PeerGrade.

In simpler terms:

We just want to clarify what we mean through the rest of this document.

2. Introduction

2.1 These Terms apply to the relationship between Users and PeerGrade, as well as the relationship between the Submitter and the Evaluator.

2.2 If a User does not accept these Terms, such person must refrain from registering a profile or in any other way use the Website.

2.3 PeerGrade reserves the right to make amendments to the Website and these Terms at any time. Users are responsible for keeping up to date with these Terms.

2.4 Any use of the Website is subject to the Terms and the Privacy Policy applicable at the time. Any change or amendment will apply from the point of time at which PeerGrade introduces such changes to the Website. Any User consents to being bound by any amendment to the Terms and the Privacy Policy by using the Website.

2.5 These Terms are effective from 14th of February 2017.

In simpler terms:

You have to accept the terms to use Peergrade. We might need to change these terms at some point.

3. General

3.1 With the Website, PeerGrade provides the Users with a platform that facilitates feedback and a possibility for extended learning for students. The Website provides access to certain processes enabling Users to get feedback and peer-evaluation on their Hand-ins, increased learning experience and possibility of sharing certain information.

In simpler terms:

Peergrade is all about making students learn while giving and receiving feedback.

4. Professional Users

4.1 Any learning institution, including any teachers or other employees of such institutions, shall in addition to the Terms abide by the contract between PeerGrade and the professional institution in question in connection with any and all use of the Website or communication regarding the Website, including for promotional or teaching purposes.

In simpler terms:

If your institution is on an institutional contract, then you have to do what that contract says.

5. Duties of the User

5.1 General duties
5.1.1 The User shall use the Website only in accordance with the Terms and applicable laws and regulations. The User accepts to follow any of PeerGrade’s instructions from time to time with regard to the use of the Website.

5.1.2 The User must comply with applicable law and general practices from time to time in relation to the Website, PeerGrade and other Users.

5.2 Submitter’s duties
5.2.1 The Submitter is solely responsible for any information submitted in connection with the Hand-in and undertakes to analyse and critically assess the Hand-in’s content prior to such submission.

5.2.2 The Submitter accepts and acknowledges that it does not own any of the information provided by PeerGrade. The Submitter has the right to publish, reproduce, distribute and otherwise transfer the Hand-in (before and after receiving the Evaluation) to third parties. However, PeerGrade assumes no liability for the content and/or precision of the Evaluation or any information in connection herewith.

5.3 Evaluator’s duties
5.3.1 The Evaluator is obligated to use the time and effort which is necessary to ensure a proper and satisfactory standard of quality for the Evaluation.

5.3.2 The Evaluator is solely responsible for any information submitted in connection with the Evaluation and undertakes to analyse and critically assess the Evaluation’s content prior to such submission.

5.3.3 The Evaluator accepts and acknowledges that it does not own any of the information provided by PeerGrade or the Submitter.

In simpler terms:

You can only use Peergrade for what it was meant for. Students can do what they want with their hand-ins. You can’t just go and share your feedback with everyone (it might be confidential!).

6. Ownership to Hand-ins and Evaluations

6.1 The Submitter shall retain any and all rights to the Hand-in. Furthermore, upon the Evaluator’s submission of an Evaluation, any and all rights to such Evaluation shall be transferred to the Submitter.

6.2 The Evaluator does not have the right to publish, reproduce, distribute and otherwise transfer the Evaluation to third parties, without the explicit consent of the Submitter.

In simpler terms:

The person who submits a hand-in will own all rights to that hand-in. Any feedback/evaluation given belongs to the receiver of the feedback. As a feedback giver, you can’t publish your evaluations without permission from the feedback receiver.

7. Undertakings, Obligations etc.

7.1 Upon registration on the Website, as well as any time thereafter, each User represents and warrants the following:
(i) That all information provided to PeerGrade is accurate and correct in all regards and that they are up-to-date, not misleading in any way and not infringing any third party rights;
(ii) that you will maintain and update such information as it changes;
(iii) that you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use;
(iv) that you will maintain the security of your PeerGrade account, take responsibility for all activities that occur using your account, and accept all risks of unauthorized access resulting from your acts or omissions. You will not share your username and password with any other person;
(v) that no marketing or advertising, neither direct nor indirect, takes place via your profile on the Website, except for the purpose of using the Website pursuant to these Terms;
(vi) that you will refrain from participating in any behavior that will result, or is likely to result, in (i) violation of applicable law, (ii) violation of any agreement, schemes, or obligations towards any third party, (iii) regulatory or ethical conflicts, or (iv) violation of these Terms;
(vii) that you will (i) comply with applicable law, (ii) not participate in activities or conduct that constitutes a violation of applicable law, and (iii) not take, or fail to take, any action which would cause or lead to PeerGrade or any third party being in violation of applicable law; and
(viii) that any use of information to which the User has been given access via the Website, including other Users’ contact details and other data, is prohibited, unless the purpose of such contacting, or attempt to contacting, PeerGrade or other Users is in connection with services offered via the Website.

7.2 Each User acknowledges and accepts that PeerGrade, provided that PeerGrade has reasonable suspicion of any violation of the above-mentioned undertakings, obligations etc., is entitled to review the User’s activities on the Website for the purpose of determining whether the User in question is in breach of one or more of the undertakings, obligations etc. mentioned above.

In simpler terms:

Please keep your information up to date. You can’t misuse Peergrade to spam people.

8. Intellectual Property Rights

8.1 Any and all intellectual property rights connected to the Website or other services provided by PeerGrade, including patents, trademarks, domain names, copyrights, design rights, software, trade secrets, and knowhow, belong to PeerGrade with all rights reserved.

8.2 Each User warrants that no confidential, private or secret information that may offend, appropriate without authorization or conflict with any intellectual property rights belonging to any third party is disclosed to PeerGrade or to the Website, and each User accepts to indemnify and hold PeerGrade harmless from and against any liability that PeerGrade may incur in connection with any claims made against PeerGrade based on allegations that the information which the User in question has disclosed to PeerGrade or to the Website is in breach of any intellectual property rights or other property rights belonging to any third party.

8.3 The Users will maintain all rights in connection with the information submitted to the Website, including Hand-ins and Evaluations, and PeerGrade will not assume any liability which incur in regard to the content of the information, including Hand-ins and Evaluations, to any third party. However, each User accepts that PeerGrade may at its sole discretion and without limitation use any information submitted to the Website. The User shall not be entitled to any compensation in connection with PeerGrade’s use of the information.

8.4 Except for Hand-ins, Evaluations and private and secret information, Each User accepts that PeerGrade may at its sole discretion choose to distribute, make publicly available, transfer or sell any other information that have been submitted to the Website, e.g. assignments, rubrics, settings etc.

In simpler terms:

We own Peergrade. You get to keep all rights for your content. We are allowed to use your content to make our service better. We will not distribute hand-ins and feedback. We are allowed to share rubrics and assignment descriptions.

9. Confidentiality

9.1 Each User acknowledges and accepts (i) that any confidential information regarding PeerGrade that is disclosed to the User, or which in any other way is made available via the Website, in accordance with these Terms, is to be regarded as the sole property of PeerGrade, and (ii) to keep such information confidential and not disclosed it to any third party, with the exception, however, of when publication is required by applicable law, provided that the User in question (a) to the extent possible, notifies PeerGrade in writing of the information which is to be made public and of the circumstances in which disclosure is claimed to be necessary as early as possible prior to making such disclosure, and (b) takes all reasonable precautions in order to avoid and limit disclosure.

9.2 PeerGrade undertakes to keep any information provided by any User confidential at all times.

In simpler terms:

We will keep your information secret, but you also have to keep our secrets.

10. Data Protection

10.1 PeerGrade must at all times comply with applicable law on data protection and protection of privacy regarding the processing of personal data of Users. When applying this provision, the term “personal data” has the same meaning as the equivalent term in the Danish Act on Processing of Personal Data (in Danish: “persondataloven”).

10.2 PeerGrade is entitled to store and process personal data or other information submitted by a User, e.g. name, pictures, contact information and any other personal and/or professional information, registered on the platform or by any other use of the Website, for the purpose of administering and improving the User’s participation in and use of the platform.

10.3 Each User acknowledges and accepts that under certain circumstances, PeerGrade may be under an obligation to pass on personal data to third parties, e.g. in order to comply with applicable law or to protect and defend PeerGrade’s property rights, provided that the relevant third party receiving the information is bound by confidentiality.

10.4 Manipulation or attempt of manipulation of information on the Website or other information or documentation provided to any User by PeerGrade is unlawful and will be reported to the competent authorities.

In simpler terms:

We promise to keep your data protected. We will keep names, emails and other info of our users to make Peergrade work. Under certain circumstances we might need to share this for legal reasons.

11. Privacy Policy

11.1 Your use of the Website is subject to our Privacy Policy on how we collect, use, protect and otherwise process your personal data. Please see our Privacy Policy here: Privacy Policy.

In simpler terms:

Remember to read our Privacy Policy!

12. Research

12.1 Each User accepts that PeerGrade may use information collected from the User and any and all Hand-ins and Evaluations for research purposes, provided that any and all information is made anonymous before the information is processed for such purposes.

In simpler terms:

We want to make Peergrade amazing, and one way to do that is to do novel research. We will make sure to anonymise the data before we do our research and share results.

13. Email communication

13.1 When a User discloses personal information to PeerGrade, PeerGrade might send such messages to the User’s email address, provided that PeerGrade deems it to be relevant.

13.2 The User may at any time unsubscribe from such messages by clicking the unsubscribe link or notifying PeerGrade via email.

In simpler terms:

When relevant, we might send you some emails. You can always unsubscribe!

14. Liability

14.1 PeerGrade is solely to be regarded as a provider of a platform for Users facilitating contact between Users, and PeerGrade assumes no obligations of any kind unless otherwise provided in these Terms. Any use of the Website takes place at the Users’ risk.

14.2 PeerGrade cannot and must not be held responsible for any direct or indirect damages originating in connection to any use of the Website, and Users shall refrain from making any claims against PeerGrade in this regard.

14.3 Unless otherwise provided in these Terms, PeerGrade cannot and must not be held responsible for any loss, damages, costs, expenses, or any other claims or other losses originating in connection with these Terms.

14.4 PeerGrade does not assume any liability towards the Users regarding the content or links made available on the Website.

14.5 PeerGrade does not assume any liability towards a User in case of force majeure, including but not limited to war, riot, mobilisation, rebellion, strikes, lockouts, fires, natural disaster, currency restrictions, import or export restrictions, interruption of or failure with the energy supply or IT system failure, or other unforeseen events which could not be reasonably anticipated or which is outside PeerGrade’s control.

14.6 PeerGrade does not assume any liability for tax or VAT related consequences to the Users’ use of the services on the Website, and PeerGrade is not obligated to handle filling out or reporting to the Central Tax Administration (in Danish: “SKAT”) on behalf of any Users. The liability of any tax related issue re-mains with the Users and is of no concern to PeerGrade.

14.7 Each User accepts that PeerGrade is not liable for any loss or failure of it systems (irrespective of the cause), nor can PeerGrade be held liable for any costs, expenses, losses or damages, irrespective of whether the cause is a defect or failure in the transfer of it systems. PeerGrade must, to the best of PeerGrade’s ability, endeavour to remedy such faults, defects, losses or failures as quickly as possible.

14.7.1 PeerGrade’s aggregate liability for a claim is in any event limited to DKK 25,000.

14.8 PeerGrade disclaims product liability to the maximum extent allowed, and PeerGrade is therefore solely liable for product liability if such liability stems from mandatory legislation.

In simpler terms:

With great power comes great responsibility. If you get into trouble by using Peergrade, we don’t want to be blamed. We will do our best to help you out anyways.

15. Assignment

15.1 PeerGrade may transfer all or part of PeerGrade’s rights and/or obligations under the Terms to any affiliated company without the User’s consent.

15.2 No User may transfer its rights and/or obligations under the Terms to any other party without PeerGrade’s prior written consent.

In simpler terms:

At some point, Peergrade might be owned by another company. You can’t just give your Peergrade account away though.

16. Partial Invalidity

16.1 In the event that any provision in the Terms or the application thereof is declared or deemed invalid or unenforceable, partially or fully, such provision will be regarded as being separated and will not affect the validity and enforceability of the remaining provisions of the Terms.

In simpler terms:

If there is any problems with this document, the rest of the document will still count.

17. Commencement and Termination

17.1 These Terms come into force at the time of your acceptance and will continue to be in force until termination of your account either by you or by PeerGrade pursuant to this clause 16.

17.2 The User may terminate these Terms at any time by a written request to PeerGrade. Such requests shall be submitted to info@peergrade.io.

17.3 PeerGrade may at any time terminate any User’s profile on the Website and these Terms, with or without cause, by written notice to the relevant User’s email address or other contact information provided.

17.4 On termination pursuant to this clause 17, clauses 7, 8, 9, 14 and 18 remain in force.

In simpler terms:

If you want out of these terms, you have to talk to us and we can delete your account.

18. Governing Law and Venue

18.1 These Terms are subject to Danish law and are to be construed pursuant thereto without consideration of any conflicts between statutory provisions.

In simpler terms:

We are from Denmark. If someone much bigger wants to sue us, it will have to be here in Denmark.

19. Users under the age of 13

19.1 PeerGrade is not currently directed to children and we expect that use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy.

19.2 In the United States, if you are the sponsor of a Sponsored Group (the “Sponsor”), including a School that is using PeerGrade, that includes children under the age of 13, you (or your school) assumes the responsibility for complying with the U.S. Children’s Online Privacy Protection Act (“COPPA”) and, to the extent applicable, The Family Educational Rights and Privacy Act (“FERPA”). This means that the Sponsor must notify parents/guardians of the information to be collected and obtain parental/guardian consent before collecting and sharing with the Service the personal information of children under the age of 13 in order to establish an account or use the Service. Schools may under appropriate circumstances provide such consent on behalf of parents/guardians. For more information on complying with COPPA, see the Federal Trade Commission’s website at http://www.ftc.gov/privacy/coppafaqs.shtm.

19.3 If you are outside of the United States, please ensure that you are complying with any laws applicable to you before submitting any child’s personal information or permitting any child to submit personal information to us. If a school outside the United States wants to enable its students to use PeerGrade, PeerGrade will work with such schools on case by case basis to ensure compliance with any applicable laws regarding the collection of information from minors.

In simpler terms:

If kids under the age of 13 wants to use PeerGrade, they need to be allowed so by their parents. In some cases, teachers can allow students to use PeerGrade on behalf of the parents.

20. Contact Information

20.1 PeerGrade may be contacted at:

  • PeerGrade ApS
  • Esromgade 7A, 3. tv.
  • DK-2200 Copenhagen
  • Denmark
  • Email: info@peergrade.io
  • Phone: +45 60 67 70 42

In simpler terms:

Please contact us, we love talking!