Definitions
"Services" means the code plagiarism detection, similarity analysis, AI detection, and related software services provided by Codequiry.
"Subscription Period" means the duration of time for which Subscriber has paid for access to the Services.
"Administrative Fee" means the non-refundable fee retained by Provider to cover account setup, provisioning, support resources, and administrative costs.
"Platform" means the Codequiry web application, desktop client, API, CLI tools, and any associated software.
Account Activation: Upon successful payment processing, Subscriber's account shall be activated immediately with full platform access. In exceptional circumstances requiring manual provisioning, activation shall occur within seventy-two (72) business hours.
1 Service Level Commitments
Provider commits to the following service standards throughout the Subscription Period:
- Platform Availability: Provider shall maintain platform uptime of no less than 99.5% measured on a monthly basis, excluding scheduled maintenance windows and circumstances beyond Provider's reasonable control.
- Results Delivery: All plagiarism analysis results shall be delivered within seventy-two (72) hours of submission. Paid subscribers receive priority queue placement.
- Issue Resolution: Critical system defects affecting core functionality shall be addressed within forty-eight (48) hours. Non-critical issues shall be resolved within seven (7) business days. Provider shall communicate status updates for all reported issues.
- Feature Requests: Subscriber may submit feature requests through designated channels. Provider shall evaluate requests and, where commercially reasonable and beneficial to the platform, implement qualifying features within a reasonable timeframe.
- Data Protection: Subscriber code submissions are not added to Provider's matching database without explicit opt-in consent. Provider maintains FERPA, GDPR, and SOC 2 compliant infrastructure.
- Support Response: Provider shall respond to support inquiries within twenty-four (24) to forty-eight (48) business hours. Technical escalations receive direct engineering team attention.
- Rate Protection: Subscriber's subscription rate shall remain fixed for the duration of continuous, uninterrupted subscription, notwithstanding any subsequent price increases for new subscribers.
2 Scope of Services
Provider shall deliver the following services during the active Subscription Period:
- Similarity Detection: Unlimited peer-to-peer code similarity analysis utilizing Provider's proprietary Hexagram detection algorithms.
- Web Source Scanning: Real-time plagiarism scanning against Provider's index of over one trillion online sources, including public repositories, academic archives, and code sharing platforms.
- AI-Generated Code Detection: Machine learning-based identification of AI-generated code patterns, with detection models updated monthly to address emerging AI tools.
- Language Support: Analysis support for sixty-five (65) or more programming languages, with additional language support available upon request.
- Platform Access: Full access to web application, desktop client, command-line interface, and API endpoints as applicable to Subscriber's plan tier.
- Integration Support: Learning management system integration capabilities including Canvas, Moodle, and Blackboard, with branded submission portal functionality.
3 Payment Terms & Administrative Fees
Subscriber acknowledges and agrees to the following payment terms:
- Payment Processing: All subscription fees are due and payable at the time of subscription initiation and at the beginning of each renewal period.
- Non-Refundable Nature: Due to the immediate provisioning of services, account setup costs, and allocation of support resources, all payments are non-refundable except as expressly provided herein.
- Cancellation Right: Subscriber may cancel their subscription at any time through the platform dashboard. Upon cancellation, access continues until the end of the current paid period.
Administrative Fee Schedule:
Should Subscriber request a refund or initiate a payment dispute, the following administrative fees shall be retained by Provider as liquidated damages to compensate for account provisioning, setup costs, resource allocation, and administrative overhead:
| Plan | Administrative Fee | Refund Eligibility |
|---|---|---|
| Essential Plan | 20% of payment amount | Up to 80% within 14 days of initial purchase |
| Department Plan | 10% of payment amount | Up to 90% within 14 days of initial purchase |
| Enterprise Plan | As specified in Enterprise Agreement | Subject to Enterprise Agreement terms |
- Chargebacks: Subscriber agrees not to initiate chargebacks or payment disputes with their financial institution without first attempting resolution through Provider's support channels. Unauthorized chargebacks may result in account termination and collection action for the disputed amount plus administrative costs.
- No Refunds for Dissatisfaction: Refunds shall not be issued based on subjective dissatisfaction, change of preference, or failure to utilize the Services. Subscriber is encouraged to review all demonstration materials and documentation prior to subscription.
- Final Sale: All sales are final. By completing payment, Subscriber confirms understanding of this policy.
4 Provider Rights & Account Termination
Provider reserves the right to suspend or terminate Subscriber's account under the following circumstances:
- Terms Violation: Material breach of this Agreement or any applicable terms of service.
- Resource Abuse: Usage patterns that exceed reasonable limits, degrade service for other users, or indicate automated abuse.
- Fraudulent Activity: Any fraudulent, deceptive, or illegal activity associated with the account.
- Abusive Conduct: Harassment, threats, or abusive behavior toward Provider staff or representatives.
- Payment Default: Failure to maintain valid payment method or repeated payment failures.
- Discretionary Termination: Provider may terminate any account at its reasonable discretion with thirty (30) days written notice, in which case Subscriber shall receive a pro-rata refund of unused subscription fees less applicable administrative fees.
5 Dispute Resolution & Legal Provisions
- Informal Resolution: Prior to initiating any formal dispute proceeding, Subscriber agrees to contact Provider and attempt good-faith resolution for a minimum of thirty (30) days.
- Binding Arbitration: Any dispute not resolved informally shall be settled by binding arbitration administered by a mutually agreed arbitrator in Cheyenne, Wyoming. Each party shall bear its own arbitration costs.
- Class Action Waiver: Subscriber expressly waives any right to participate in a class action lawsuit or class-wide arbitration against Provider.
- Limitation on Claims: Any claim arising under this Agreement must be brought within six (6) months of the event giving rise to the claim, or such claim shall be permanently barred.
- Sole Remedy: Subscriber's exclusive remedy for any dispute shall be limited to cancellation of the subscription and refund as provided in Section 3.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles.
- Jurisdiction: Exclusive jurisdiction and venue for any permitted legal proceedings shall be in Laramie County, Wyoming.
6 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY SUBSCRIBER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, LESS ANY APPLICABLE ADMINISTRATIVE FEES. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES; IN SUCH JURISDICTIONS, PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7 General Provisions
- Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior agreements and understandings.
- Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Failure by Provider to enforce any right or provision shall not constitute a waiver of such right or provision.
- Assignment: Subscriber may not assign this Agreement without Provider's prior written consent. Provider may assign this Agreement in connection with a merger, acquisition, or sale of assets.
- Modifications: Provider reserves the right to modify this Agreement with thirty (30) days notice. Continued use of the Services after such notice constitutes acceptance of the modified terms.
- Notices: All notices shall be sent to the email address associated with Subscriber's account or to [email protected] for notices to Provider.