Terms of Service – Fairgrade LLC

Terms of Service

Effective: 22 May 2026

Welcome to Fairgrade LLC. These terms govern your usage of our website, platform, applications, and all related educational technology services (collectively, the "Services") provided by Fairgrade LLC, a limited liability company organized under the laws of the United States ("Fairgrade," "we," "us," or "our"). Please read these Terms of Service ("Terms") carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms in their entirety.

1. Acceptance of Terms

By accessing, browsing, registering for, or otherwise using the Services offered by Fairgrade LLC, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue your use of the Services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Fairgrade LLC. You represent and warrant that you are at least thirteen (13) years of age. If you are under the age of eighteen (18), you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. If you are accessing the Services on behalf of an educational institution, school district, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you individually and that entity.

Fairgrade LLC reserves the right to modify, update, or replace these Terms at any time at its sole discretion. When changes are made, we will update the "Effective" date at the top of this document and, where appropriate, notify registered users via email or an in-platform notification. Your continued use of the Services following the posting of any revised Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically to stay informed of any updates.

If you have any questions about these Terms before accepting them, please contact us at info@fairgrade.com before proceeding.

2. Intellectual Property

All content, materials, features, and functionality available through the Fairgrade LLC Services — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, algorithms, grading rubrics, assessment frameworks, course content, user interface designs, and the overall look and feel of the platform — are the exclusive property of Fairgrade LLC or its licensors and are protected under applicable United States intellectual property laws, including federal copyright law, trademark law, and trade secret law.

2.1 License Grant to Users

Subject to your compliance with these Terms, Fairgrade LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial educational purposes, or, if you are an institutional user, for the internal educational purposes of your organization. This license does not include the right to:

2.2 User-Generated Content

When you submit, upload, post, or otherwise transmit content to the Services — including assignments, assessments, feedback, comments, or other materials ("User Content") — you retain ownership of your User Content. However, by submitting User Content, you grant Fairgrade LLC a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, process, adapt, and display such User Content solely to the extent necessary to provide, maintain, and improve the Services.

2.3 Trademarks

The Fairgrade name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Fairgrade LLC. You may not use these marks without the prior written permission of Fairgrade LLC. All other trademarks appearing on the Services are the property of their respective owners.

2.4 Feedback

If you provide Fairgrade LLC with any suggestions, ideas, enhancement requests, recommendations, or other feedback relating to the Services ("Feedback"), you hereby assign to Fairgrade LLC all rights in such Feedback and agree that Fairgrade LLC shall have the right to use and fully exploit such Feedback in any manner it deems appropriate, without any obligation of compensation or attribution to you.

3. Limitation of Liability

To the fullest extent permitted by applicable law, Fairgrade LLC, its members, managers, officers, employees, agents, contractors, licensors, and service providers (collectively, the "Fairgrade Parties") shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages of any kind, including but not limited to damages for loss of profits, loss of revenue, loss of data, loss of goodwill, loss of educational opportunity, service interruption, computer damage, system failure, or the cost of substitute services, arising out of or in connection with these Terms or your use of, or inability to use, the Services, even if any Fairgrade Party has been advised of the possibility of such damages.

3.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE FAIRGRADE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FAIRGRADE LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES IT WARRANT THAT ANY DEFECTS WILL BE CORRECTED.

3.2 Educational Outcomes Disclaimer

Fairgrade LLC provides educational technology tools designed to assist educators and learners. However, we make no representations or warranties regarding specific academic outcomes, grades, test results, institutional acceptance, employment outcomes, or any other educational or professional results that may or may not arise from your use of the Services. The Services are intended as supplemental tools and are not a substitute for qualified educational instruction or professional academic advising.

3.3 Cap on Liability

In no event shall the total aggregate liability of the Fairgrade Parties to you for all claims arising out of or relating to these Terms or your use of the Services exceed the greater of: (a) the total amount you paid to Fairgrade LLC, if any, during the twelve (12) month period immediately preceding the event giving rise to the claim; or (b) one hundred United States dollars (USD $100.00). This limitation of liability reflects a reasonable allocation of risk between the parties and is a fundamental element of the basis of the bargain between you and Fairgrade LLC.

3.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you to the extent prohibited by applicable law. In such jurisdictions, the liability of the Fairgrade Parties shall be limited to the greatest extent permitted by applicable law.

3.5 Indemnification

You agree to defend, indemnify, and hold harmless the Fairgrade Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property right or privacy right; or (d) any User Content you submit to the Services. Fairgrade LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Fairgrade LLC's defense of such claims.

4. Dispute Resolution

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

4.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Fairgrade LLC at info@fairgrade.com and provide a written description of the dispute, the relief sought, and your contact information. The parties agree to attempt to resolve the dispute informally for a period of thirty (30) days from the date the written notice is received. If the dispute is not resolved within that thirty (30) day period, either party may proceed to formal dispute resolution as described below.

4.2 Binding Arbitration

Except as provided in Section 4.4 below, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services (collectively, "Disputes"), shall be resolved by binding individual arbitration rather than in court. The arbitration shall be administered by a nationally recognized arbitration organization under its then-current rules for consumer or commercial disputes, as applicable. The arbitrator shall have exclusive authority to resolve any Dispute, including any claim that all or any part of these Terms is void or voidable. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

4.3 Class Action Waiver

YOU AND FAIRGRADE LLC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, both you and Fairgrade LLC waive any right to a jury trial and waive any right to participate in a class action lawsuit or class-wide arbitration.

4.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Such a request for equitable relief shall not be deemed a waiver of the obligation to arbitrate.

4.5 Governing Law and Venue

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the United States and the state of the applicable jurisdiction, without regard to its conflict of law principles. To the extent any matter proceeds in court, the parties consent to the exclusive jurisdiction of the federal and state courts located in the applicable jurisdiction.

4.6 Time Limitation on Claims

You agree that any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations to the contrary.

5. Contact Information

Fairgrade LLC is committed to addressing your questions, concerns, and feedback in a timely and professional manner. If you have any questions about these Terms of Service, our Privacy Policy, your account, billing, or any other matter related to the Services, please do not hesitate to reach out to us using the contact information provided below.

We strive to respond to all inquiries within five (5) business days. For matters related to legal notices, intellectual property claims, or formal dispute notifications, please clearly indicate the nature of your inquiry in the subject line of your communication to ensure it is directed to the appropriate team member.

Fairgrade LLC
Email: info@fairgrade.com
Company Name: Fairgrade LLC
Industry: Educational Technology (EdTech)
Website: Please refer to the URL from which you accessed these Terms.

If you believe that any content on our platform infringes upon your copyright or other intellectual property rights, please send a written notice to the email address above with sufficient detail to allow us to identify and address the alleged infringement, including your contact information, a description of the copyrighted work, and a description of where the allegedly infringing material is located on our platform.

For general support inquiries, feature requests, or feedback about the Services, we welcome your communication and value your input as we continue to develop and improve our educational technology platform.

6. General Provisions

6.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Fairgrade LLC concerning the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

6.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

6.3 Waiver

No waiver by Fairgrade LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Fairgrade LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

6.4 Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the prior written consent of Fairgrade LLC. Fairgrade LLC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

6.5 Children's Privacy

Fairgrade LLC is mindful of federal laws in the United States that protect the privacy of children online, including those applicable to operators of websites and online services directed to children or that knowingly collect personal information from children. If you are a school, school district, or educational institution using our Services on behalf of students under the age of thirteen (13), you represent that you have obtained all necessary parental or guardian consents required by applicable law before permitting such students to use the Services, or that you are acting in a capacity that permits you to provide such consent on behalf of parents under applicable law.

6.6 Termination

Fairgrade LLC reserves the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, including if we reasonably believe you have violated these Terms. Upon termination, all licenses granted to you under these Terms shall immediately cease, and you must promptly discontinue all use of the Services.

Governed by the laws of the United States.

Effective: 22 May 2026

© 2026 Fairgrade LLC. All rights reserved.