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Terms of Service

Last updated: March 22, 2026

1. Introduction and Scope

1.1 These Terms of Service ("Terms") govern your use of the Diagnote web application ("Service") operated by Kander Akinci, Ehrenfeldgürtel 174, 50823 Köln, Germany ("Diagnote", "we", "us", "our").

1.2 By creating an account or using the Service, you ("User", "you") agree to be bound by these Terms. If you do not agree, do not use the Service.

1.3 These Terms apply to all users worldwide. The Service is operated from Germany.

1.4 We may offer the Service in multiple languages. In case of conflict between language versions, the English version prevails.

2. Definitions

2.1 "Service" means the Diagnote web application available at diagnote.io and all related APIs, features, and functionality.

2.2 "User" means any natural person aged 18 or older who creates an account to use the Service. Users are typically teachers, educators, or tutors.

2.3 "Student Data" means any data relating to students that a User enters into the Service, including names, aliases, email addresses, responses, and scores.

2.4 "Content" means all tasks, exam materials, grading keys, images, and other materials that a User creates or uploads through the Service.

2.5 "AI Scoring" means the automated assessment of student responses using third-party artificial intelligence models integrated into the Service.

2.6 "Wallet" means the User's prepaid balance within the Service used to pay for usage-based charges.

3. Account Registration

3.1 You must be at least 18 years old to create an account.

3.2 You may register using an email address and password or via Google OAuth sign-in. Email verification is required before account activation.

3.3 You must provide accurate and complete registration information and keep it up to date.

3.4 Your account is personal and non-transferable. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

3.5 We reserve the right to refuse registration or to disable accounts at our discretion.

4. Description of the Service

4.1 Diagnote is an AI-powered educational assessment platform that allows Users to:

  • Create structured tasks and exams (free text, multiple choice, fill-in-the-blank);
  • Collect student responses via secure join links;
  • Score responses using AI models and language analysis tools;
  • Generate reports and export results as PDF.

4.2 The Service uses third-party AI models (currently OpenAI GPT) for scoring and third-party services (currently LanguageTool) for language analysis. The specific models, providers, and capabilities available through the Service may change at any time without prior notice.

4.3 Diagnote may in the future offer proprietary AI models and may require their use for some or all scoring operations, at prices published within the Service.

4.4 The Service may support optional features such as Safe Exam Browser (SEB) integration. These features are provided as-is and may be modified or discontinued.

5. User Obligations and Acceptable Use

5.1 You may use the Service for educational purposes, including commercial tutoring and private teaching.

5.2 You must not:

  • Upload, create, or distribute content that is illegal, harmful, abusive, threatening, defamatory, obscene, or otherwise objectionable;
  • Upload images or materials that violate the rights of third parties, including intellectual property and privacy rights;
  • Use the Service for any purpose unrelated to educational assessment;
  • Attempt to reverse engineer, decompile, or disassemble the Service;
  • Use automated tools (bots, scrapers) to access the Service;
  • Attempt to gain unauthorized access to the Service, other accounts, or connected systems;
  • Interfere with or disrupt the Service or its infrastructure;
  • Circumvent billing mechanisms, usage limits, or security features;
  • Resell or redistribute the Service without our written consent.

5.3 We reserve the right to remove content that violates these Terms without prior notice.

6. Student Data — Teacher Responsibility

6.1 The User (teacher) is solely responsible for all Student Data entered into the Service. The User is the data controller within the meaning of Article 4(7) of the EU General Data Protection Regulation (GDPR) for all Student Data.

6.2 Diagnote acts exclusively as a data processor within the meaning of Article 28 GDPR with respect to Student Data, processing it solely on behalf of and according to the instructions of the User.

6.3 The User warrants that they have a lawful basis for processing any Student Data entered into the Service, including, where applicable, consent from students, parents, or legal guardians.

6.4 If the User does not wish to store personal data of students on the platform, the User must use aliases only, without entering real names or email addresses. This is the User's sole responsibility. Diagnote provides the alias functionality but does not verify or enforce its use.

6.5 The User acknowledges that Student Data, including student responses, is transmitted to third-party AI providers (see Section 11) for processing. The User is responsible for informing students of this data processing.

6.6 A Data Processing Agreement (Auftragsverarbeitungsvertrag / AVV) pursuant to Article 28 GDPR is available upon request at [email protected]. Users who process personal data of students through the Service are required to enter into this agreement.

7. AI Scoring — Disclaimer

7.1 AI Scoring results are provided as a support tool only. They do not constitute a definitive, binding, or professionally certified assessment.

7.2 AI-generated outputs may be inaccurate, incomplete, inconsistent, or biased. The quality of results depends on factors outside Diagnote's control, including the quality of the task description, the grading key, and the AI model's capabilities.

7.3 The User bears sole responsibility for reviewing, verifying, adjusting, and finalizing all scores and grades. The User must not rely on AI Scoring as the sole basis for any consequential decision, including but not limited to final grades, certifications, admissions, or disciplinary actions.

7.4 Diagnote makes no warranties, express or implied, regarding the accuracy, reliability, completeness, or fitness for a particular purpose of AI Scoring results.

7.5 Diagnote shall not be held liable for any damages, claims, or losses arising from reliance on AI Scoring results.

8. Data Usage and Model Training

8.1 Diagnote stores AI input and output data (task descriptions, student responses, and scoring results) in order to maintain and improve the Service.

8.2 This data is used in anonymized and aggregated form for the purpose of developing and training machine learning models to improve the Service. "Anonymized" means that direct personal identifiers are removed. "Aggregated" means data from multiple users is combined.

8.3 The User acknowledges that task content and student responses may inherently contain sensitive or confidential information that cannot be automatically filtered. Diagnote takes reasonable measures to anonymize data but cannot guarantee that all personal information is removed from free-text content.

8.4 By using the Service, the User grants Diagnote a non-exclusive, royalty-free, worldwide, perpetual license to use anonymized and aggregated data derived from the User's use of the Service for the purpose of improving, developing, and training the Service and related machine learning models.

8.5 This license survives account deletion. Anonymized training data that was derived prior to deletion may be retained indefinitely.

8.6 Users who do not wish any of their data to be used for model training may contact [email protected] to request exclusion. We will use commercially reasonable efforts to honor such requests prospectively.

9. Billing and Payment

9.1 The Service operates on a pay-per-use model. Usage charges are deducted from the User's Wallet balance.

9.2 New accounts receive a one-time welcome gift of 300 free scorings. This quota is non-transferable and non-refundable. It does not reset.

9.3 Wallet top-ups are processed via Stripe (credit card and PayPal). All payments are processed in EUR.

9.4 A first-top-up bonus of 20% is available on the first top-up of EUR 10 or more, within 14 days of exhausting the free scoring quota. This offer is one-time and non-transferable.

9.5 All payments are final. Wallet balances are non-refundable under any circumstances, including account deletion, Service changes, or pricing changes.

9.6 Pricing is based on AI model token consumption plus a service markup. A flat fee may apply for language checks. Current rates are displayed within the Service.

9.7 Diagnote reserves the right to change pricing, markup rates, per-unit costs, and the pricing model at any time. Price changes take effect for new usage after notification. Existing Wallet balances remain usable at the then-current pricing.

9.8 No VAT is charged pursuant to § 19 UStG (German small business regulation).

9.9 Optional auto-reload: Users may configure automatic Wallet top-ups when the balance falls below a threshold. A monthly spend cap limits the total amount auto-reloaded per calendar month. The User is responsible for configuring these settings.

9.10 If a payment fails, Diagnote may suspend scoring functionality until the Wallet is funded.

10. Intellectual Property

10.1 Users retain full ownership of all Content they create, including tasks, exam materials, grading keys, and uploaded images.

10.2 The User grants Diagnote a limited, non-exclusive license to host, process, transmit, and display their Content solely for the purpose of providing the Service.

10.3 All rights to the Diagnote platform, software, branding, design, AI models (where proprietary), and documentation are and remain the exclusive property of Kander Akinci / Diagnote.

10.4 Nothing in these Terms transfers any intellectual property rights in the Service to the User.

11. Third-Party Services

11.1 The Service relies on the following third-party providers:

  • OpenAI — AI scoring (data processed in the USA);
  • LanguageTool (LanguageTooler GmbH) — language analysis (EU);
  • Stripe — payment processing (data processed in the USA);
  • Google — OAuth authentication (data processed in the USA);
  • DigitalOcean — hosting and storage (Frankfurt, Germany);
  • Sentry — error monitoring (data processed in the USA).

11.2 Data transmitted to providers outside the EU/EEA is protected by appropriate safeguards, including Standard Contractual Clauses (SCCs) and Data Processing Agreements (DPAs) with each provider.

11.3 Diagnote is not responsible for the availability, performance, or policies of third-party providers. Changes to third-party services may affect Service functionality without prior notice.

11.4 The User's use of the Service constitutes acknowledgment that their data (including Student Data) will be processed by these third-party providers as necessary to deliver the Service.

12. Availability and Support

12.1 Diagnote aims to provide the Service reliably but offers no uptime guarantee, service level agreement (SLA), or warranty of availability.

12.2 The Service may be temporarily unavailable due to maintenance, updates, technical failures, or third-party outages. We will make reasonable efforts to minimize disruptions.

12.3 Support is provided on a best-effort basis via email at [email protected]. There are no guaranteed response times.

13. Limitation of Liability

13.1 To the maximum extent permitted by applicable law:

  • Diagnote's total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (i) the total amount paid by the User to Diagnote in the 12 months preceding the event giving rise to the claim, or (ii) EUR 100.
  • Diagnote shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to: loss of data, loss of revenue, loss of reputation, incorrect or inaccurate grades or assessments, decisions made based on AI Scoring results, or any downstream consequences of using the Service.

13.2 The limitations in Section 13.1 do not apply to:

  • Liability for intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit);
  • Liability for injury to life, body, or health;
  • Liability under the German Product Liability Act (Produkthaftungsgesetz);
  • Any other mandatory liability that cannot be excluded under German law.

13.3 The User acknowledges that Diagnote does not currently carry professional liability insurance (Berufshaftpflichtversicherung).

14. Indemnification

14.1 The User agrees to indemnify, defend, and hold harmless Kander Akinci / Diagnote from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • The User's breach of these Terms;
  • The User's unlawful or unauthorized processing of Student Data;
  • Content uploaded or created by the User that infringes third-party rights or violates applicable law;
  • The User's use of AI Scoring results.

15. Account Deletion and Termination

15.1 The User may delete their account at any time through the account settings in the Service.

15.2 Upon account deletion, all associated data is permanently deleted, including: tasks, student data, scoring results, classes, settings, and Wallet balance.

15.3 Wallet balances are not refunded upon account deletion.

15.4 Anonymized training data derived prior to deletion may be retained in accordance with Section 8.5.

15.5 Billing records (invoices, transactions) may be retained as required by German tax law (§ 147 AO — up to 10 years).

15.6 Diagnote may suspend or terminate accounts that violate these Terms, with or without prior notice. In cases of serious violations, termination may be immediate.

15.7 Sections 6, 7, 8, 10, 13, 14, and 15 survive termination of these Terms.

16. Changes to These Terms

16.1 Diagnote may update these Terms at any time.

16.2 Users will be notified of material changes via email at least 14 days before the changes take effect.

16.3 Continued use of the Service after the effective date of updated Terms constitutes acceptance. If the User does not agree to the updated Terms, they must stop using the Service and delete their account before the effective date.

17. Governing Law and Jurisdiction

17.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

17.2 For Users who are consumers within the EU, mandatory consumer protection provisions of the User's country of residence apply in addition to German law where they provide greater protection.

17.3 To the extent legally permissible, the exclusive place of jurisdiction for all disputes arising out of or relating to these Terms is Köln (Cologne), Germany.

17.4 The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

18. Severability

18.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original.

19. Contact

Kander Akinci
Ehrenfeldgürtel 174
50823 Köln, Germany
Email: [email protected]