Terms of Use
Last updated: March 3, 2025
1. Introduction
These Terms of Use ("Terms") govern your access to and use of the Feedback Machines website (feedbackmachines.com) and feedback application (collectively, the "Services"), owned and operated by EXAMIND AI Inc. ("we", "our", or "us").
By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms.
EXAMIND AI Inc. reserves the right to modify these Terms at any time. Continued use of the Services after modifications constitutes acceptance of the updated Terms. We may also terminate or suspend your access to the Services at our discretion.
2. Accounts
When you create an account, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.
You are responsible for safeguarding your password and for all activities under your account. You must notify us immediately if you suspect unauthorized access to your account.
3. User Content
Our Services allow you to submit, post, or transmit certain content, including assignment drafts, instructions, evaluation criteria, and class roster information ("User Content"). You retain ownership of your User Content but grant us a limited, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, process, and display it to operate and improve our Services. This license ends when you delete your User Content or account, except where retention is required for legal compliance or service integrity.
By posting User Content, you represent and warrant that:
- You own the User Content or have the necessary rights to grant this license.
- Your User Content does not violate any third-party rights, including privacy, copyright, or contract rights.
- If your User Content includes personal or student data, you have obtained the necessary legal consents to share such information.
For details on how we handle personal data, please review our Privacy Policy.
4. Prohibited Activities
You agree not to:
- Copy, distribute, or exploit content from the Services for commercial purposes without express written permission.
- Interfere with the security or functionality of the Services.
- Attempt to gain unauthorized access to the Services or user accounts.
- Disrupt or interfere with another user's experience.
- Upload, transmit, or distribute malware, spam, or harmful code.
- Use the Services for illegal, abusive, or fraudulent activities.
We reserve the right to monitor, restrict, or suspend accounts that violate these Terms.
5. Third-Party Services
Our Services integrate third-party providers, including:
- Large Language Model (LLM) Services: OpenAI and Anthropic power feedback generation.
- Analytics and Monitoring: LogRocket monitors application performance.
- Cloud Infrastructure: Google Cloud hosts and stores data.
- Authentication and Data Storage: Firebase handles authentication and data hosting.
- Payment Processing: Stripe processes payments and subscriptions.
- Email Communications: Google's email services manage customer support.
Your data may be transferred to these providers. We select vendors with strong security practices but are not responsible for their data handling. Please review their privacy policies.
6. Intellectual Property
The Services and all original content (excluding User Content) are the exclusive property of EXAMIND AI Inc. and its licensors. Our trademarks, branding, and content are protected by copyright, trademark, and other laws. You may not use our intellectual property without prior written consent.
7. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
- THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
- DEFECTS WILL BE CORRECTED;
- THE SERVICES ARE FREE FROM HARMFUL COMPONENTS;
- USING THE SERVICES WILL MEET YOUR EXPECTATIONS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXAMIND AI INC. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, RESULTING FROM:
- YOUR USE OF OR INABILITY TO USE THE SERVICES;
- ANY CONTENT OBTAINED FROM THE SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT.
IN JURISDICTIONS WHERE LIABILITY EXCLUSIONS ARE NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
9. Indemnification
You agree to indemnify and hold harmless EXAMIND AI Inc., its directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Services;
- Your violation of these Terms;
- Your infringement of any third-party rights.
10. Governing Law and Dispute Resolution
These Terms have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles, and you irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of British Columbia for any claim, proceeding or action under these Terms against us. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this Agreement is specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages. These Terms shall constitute the complete and exclusive agreement between you and EXAMIND AI Inc., and govern your use of the Site. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms and the other provisions shall remain in full force and effect.
11. Changes to Terms
We may modify these Terms at our discretion. If changes are material, we will provide at least 30 days' notice before they take effect. Continued use of the Services after modifications constitutes acceptance of the updated Terms.
12. Contact Us
For questions about these Terms, contact us at:
Email: legal@examind.io