Terms & Conditions

By registering for or using Marking Assist ("the Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you ("User") and the Marking Assist development division ("we", "us", "our"). We reserve the right to update these Terms at any time. Material changes will be communicated by email and by notice on the platform. Continued use of the Service after such notice constitutes acceptance of the updated Terms.

Marking Assist is an AI-assisted marking support tool designed for higher education professionals. The Service provides:

- AI-generated feedback drafts based on user-provided context (rubrics, marking guides, submission files)
- A structured workflow for human review, editing, and approval of all AI output
- Version history and audit trail functionality
- Comment bank management
- Credit-based access to AI generation features

Important: Marking Assist is a support tool only. All AI outputs are drafts requiring human review and approval. The Service is not a substitute for professional academic judgment. AI-generated content must never be shared with students without human review and sign-off.

The Service is intended for higher education professionals — including lecturers, markers, tutors, and academic staff — working in accredited educational institutions.

You must be at least 18 years old to use the Service. By registering, you confirm that you are using the Service in a professional capacity and that you have the authority to upload and process the files you submit.

You must provide accurate information when registering. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify us immediately if you suspect unauthorised access to your account. We are not liable for losses resulting from unauthorised account use where you have failed to maintain reasonable security of your credentials.

You may not share your account with others or use it on behalf of an institution without prior written agreement.

Access to AI generation features requires credits. Credits are purchased on a pay-as-you-go basis. One credit = one AI feedback generation.

Credits never expire. Purchased credits remain valid for the lifetime of your account.

Refunds: Credits are non-refundable once purchased, except where required by consumer protection law or where a technical fault on our part prevented the generation from completing. In the case of a failed generation, credits will be returned to your account automatically.

Pricing: We reserve the right to change credit pricing. Existing purchased credits are not affected by price changes.

Payments are processed by Stripe. By making a purchase, you agree to Stripe's terms of service.

You agree to use the Service lawfully and in accordance with these Terms. You must not:

- Upload files containing content that infringes any intellectual property rights you do not own or have permission to use
- Attempt to circumvent, hack, or interfere with the Service's security or technical systems
- Use the Service to process data in violation of applicable data protection law, including without appropriate institutional governance for student data
- Share, resell, or provide access to the Service to third parties without our written consent
- Use the Service for any purpose other than supporting professional academic marking and feedback

Student data: You are responsible for ensuring that your use of the Service complies with your institution's data governance policies and applicable data protection law (including UK GDPR) when processing student work. You should obtain appropriate institutional approval before uploading student submissions to any cloud-based tool.

Your content: You retain all rights to the files you upload and the content you create using the Service. You grant us a limited licence to process your uploaded content solely for the purpose of delivering the Service to you.

Platform IP: The Marking Assist platform, including its software, design, branding, and all non-user-generated content, is the intellectual property of the Marking Assist development division. You may not copy, modify, distribute, or reverse-engineer any part of the platform.

AI outputs: Feedback drafts generated by the AI are produced at your direction using context you have provided. We do not assert ownership over AI-generated feedback. You are responsible for any content you share with students after review and approval.

Marking Assist uses AI to generate feedback drafts. These drafts are:

- Based on the context you provide (rubric, marking guide, submission content)
- Intended as starting points for human review, not final assessments
- Not guaranteed to be accurate, complete, free from bias, or appropriate for all students

You are responsible for reviewing all AI output before sharing it with students. Academic judgment, contextual knowledge, and professional responsibility remain with you. Marking Assist does not make grading decisions — it supports the human grader in making them.

We are not liable for any consequences arising from the use of AI-generated content that has not been adequately reviewed and edited by a qualified human marker.

To the maximum extent permitted by applicable law, we are not liable for:

- Indirect, consequential, or incidental damages arising from your use of the Service
- Loss of data, grades, feedback, or academic records caused by technical failure (though we operate with reasonable backup and redundancy measures)
- Decisions made by human markers on the basis of AI output
- Institutional or regulatory consequences arising from your use of the Service without appropriate governance approval
- Third-party services (including Stripe for payments and Google Gemini for AI processing)

Our total liability to you in any 12-month period shall not exceed the amount you have paid for credits in that period.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

You may terminate your account at any time by contacting us. Upon termination, your data will be deleted within 30 days in accordance with our Privacy Policy.

We reserve the right to suspend or terminate your account without notice if we reasonably believe you have violated these Terms or are using the Service in a way that poses a legal, security, or reputational risk.

Unused credits are non-refundable upon voluntary account termination, except where required by consumer protection law.

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer (not a business user), you may have additional rights under consumer protection legislation that these Terms do not override.

For any questions about these Terms, please contact us via the Contact page or by email.