Terms of Service

1. Agreement to Terms

By accessing or using Essay Grader AI ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

Essay Grader AI is operated by LMS Hosting Services, ABN [to be added], located in Perth WA, Australia.

2. Description of Service

Essay Grader AI provides:

• A credit-based API service for AI-powered essay feedback generation (AI Essay Grader plugin)
• AI-powered essay question generation (AI Essay Maker plugin)
• Interactive e-learning slideshow creation with AI images and voiceovers (AI Content Creator plugin)
• Integration capabilities with Moodle™ LMS installations
• Credit management and transaction processing
• Documentation and support for implementation

The Service is specifically designed for Australian Registered Training Organisations (RTOs) and educational institutions worldwide, with built-in context for WHS regulations and compliance requirements.

3. Credit System and Pricing

3.1 Credit Bundles

Credits are sold in the following bundles (USD):

• 100 credits for $10 USD
• 500 credits for $50 USD
• 1,000 credits for $100 USD

3.2 Credit Usage

• One credit equals one AI action
• AI Essay Grader: 1 credit per essay graded
• AI Essay Maker: 1 credit per question generated
• AI Content Creator: 5 credits per slideshow slide (includes AI image and voiceover)
• Each credit costs 10¢ USD
• Credits are consumed when the API endpoint is called, regardless of AI generation success or failure
• Credits do not expire
• Credits are shared across all plugins and non-transferable between different Site Identifiers

3.3 Payments

• All payments are processed securely through Stripe
• Prices are in US Dollars (USD)
• Payment is required in full before credits are added to your account
• We reserve the right to change pricing with 30 days' notice

4. Refund Policy

Credits are non-refundable once purchased. However, we will consider refunds on a case-by-case basis in the following circumstances:

• Significant service outages that prevent you from using purchased credits
• Technical errors resulting in incorrect credit deduction
• Demonstrable failure of the Service to perform as described

To request a refund, contact support@lmshostingservices.com within 30 days of purchase with details of the issue.

5. Account Registration and Security

5.1 Site Identifier and API Key

• You must provide a unique Site Identifier when making your first purchase
• An API key will be automatically generated and sent to your email
• You are responsible for maintaining the confidentiality of your API key
• You are responsible for all activities that occur under your Site Identifier

5.2 Security Obligations

• Store your API key securely (encrypted storage recommended)
• Do not share your API key with unauthorised parties
• Notify us immediately at support@lmshostingservices.com if you suspect unauthorised access
• We may suspend your account if we detect suspicious activity

6. Acceptable Use

6.1 Permitted Use

You may use the Service to:

• Generate AI feedback for legitimate educational purposes
• Integrate with your authorised Moodle™ LMS installation
• Process student submissions in accordance with educational standards

6.2 Prohibited Use

You must not:

• Use the Service for any illegal or unauthorised purpose
• Share or resell access to your credits or API key
• Attempt to reverse engineer, decompile, or disassemble the Service
• Use the Service to process content that violates intellectual property rights
• Circumvent usage limits or attempt to manipulate the credit system
• Use automated systems to make excessive API calls (rate limiting applies)
• Submit harmful, offensive, or inappropriate content for processing
• Interfere with or disrupt the Service or servers

7. Data Processing and Third Parties

7.1 OpenAI Integration

Student submissions are processed using OpenAI's API to generate feedback. By using this Service, you acknowledge that:

• Content is sent to OpenAI's servers for processing
• OpenAI's terms of service and privacy policy apply to this processing
• You are responsible for obtaining necessary consents from students or institutions
• You must ensure compliance with applicable data protection and education laws

7.2 Your Responsibilities

As the user, you are responsible for:

• Obtaining appropriate consents from students whose work is processed
• Compliance with applicable privacy laws (Privacy Act 1988, etc.)
• Ensuring student data is handled in accordance with your institution's policies
• Reviewing AI-generated feedback before providing it to students

8. Intellectual Property

8.1 Service Ownership

• The Service, including all code, design, and documentation, is owned by LMS Hosting Services
• These Terms do not grant you any ownership rights to the Service
• All trademarks and logos are property of their respective owners

8.2 Your Content

• You retain all rights to student submissions and content you process
• You grant us a limited licence to process this content solely to provide the Service
• We do not claim ownership of student work or AI-generated feedback

9. Service Availability and Support

9.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted access. The Service is provided "as is" without warranties of any kind.

9.2 Maintenance

• We may perform scheduled maintenance with advance notice when possible
• Emergency maintenance may occur without notice
• Credits are not refunded for service interruptions

9.3 Support

• Email support available at support@lmshostingservices.com
• Documentation available at lms-labs.app/docs
• We aim to respond to support requests within 2 business days

10. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind
• We do not warrant that the Service will be error-free or uninterrupted
• We are not liable for any AI-generated content or its accuracy
• Our total liability is limited to the amount you paid for credits in the past 12 months
• We are not liable for indirect, incidental, or consequential damages

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian law, including the Australian Consumer Law.

11. Indemnification

You agree to indemnify and hold harmless LMS Hosting Services, its officers, employees, and agents from any claims, damages, or expenses arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit for processing

12. Termination

12.1 Your Right to Terminate

• You may stop using the Service at any time
• Unused credits remain valid but are non-refundable

12.2 Our Right to Terminate

We may suspend or terminate your access if:

• You violate these Terms
• We detect fraudulent or suspicious activity
• Required by law or legal process
• We discontinue the Service (with 90 days' notice)

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending email notification for material changes

Continued use of the Service after changes become effective constitutes acceptance of the new Terms.

14. Governing Law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Western Australia.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LMS Hosting Services regarding the Service.

17. Contact Information

For questions about these Terms, please contact:

LMS Hosting Services
Email: support@lmshostingservices.com
Phone: +61 458 487 004
Location: Perth WA, Australia