Terms & Conditions

1. Acceptance of Terms

By creating an account or using MarkPoint, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

Schools and educational institutions must ensure all teachers and students using MarkPoint under their accounts comply with these Terms.

2. Eligibility

To use MarkPoint, you must:

• Be a registered NSW school or educational institution
• Be an authorized teacher, administrator, or student of a registered institution
• Be at least 13 years old (students under 13 require parental consent)
• Have the legal authority to enter into these Terms
• Provide accurate and complete registration information

3. Account Registration & Security

3.1 School Accounts

Schools must designate an authorized administrator who will manage the institution's account and user access.

3.2 User Responsibilities

• Keep login credentials confidential and secure
• Notify us immediately of unauthorized access
• Ensure all account information is accurate and current
• Accept responsibility for all activities under your account
• Not share accounts or allow unauthorized access

3.3 Account Suspension

We reserve the right to suspend or terminate accounts that violate these Terms or engage in prohibited activities.

4. Permitted Use

4.1 Educational Purpose

MarkPoint is designed exclusively for educational assessment purposes within NSW curriculum requirements. You may use the Platform to:

• Create, conduct, and mark digital assessments
• Generate feedback using AI assistance
• Track student progress and performance
• Collaborate with other authorized educators
• Access educational resources and materials

4.2 AI Usage Guidelines

When using AI features:

• AI suggestions are assistive tools, not replacements for teacher judgment
• Teachers must review and verify all AI-generated content
• Final marking decisions remain the teacher's responsibility
• AI processing follows NSW Department of Education guidelines

5. Prohibited Activities

You must not:

• Use the Platform for any illegal or unauthorized purpose
• Attempt to circumvent security measures or access unauthorized data
• Upload malicious code, viruses, or harmful content
• Harass, abuse, or harm other users
• Impersonate others or provide false information
• Scrape, data mine, or use automated systems to access the Platform
• Reverse engineer or attempt to derive source code
• Use the Platform for commercial purposes without authorization
• Share or sell access to your account
• Violate intellectual property rights

6. Content & Intellectual Property

6.1 User Content

You retain ownership of content you create (assessments, feedback, etc.). By using MarkPoint, you grant us a license to:

• Store, process, and display your content within the Platform
• Use anonymized data to improve our services
• Share content with authorized users within your institution

6.2 Platform Content

MarkPoint and its features, including AI models, interfaces, and documentation, are protected by intellectual property laws. You may not copy, modify, or distribute Platform content without permission.

6.3 NESA Content

NESA syllabus content and rubrics are used under license. Users must comply with NESA's terms of use for curriculum materials.

7. Privacy & Data Protection

Our Privacy Policy explains how we collect, use, and protect your data. Key points:

• Student data is never sold or used for advertising
• We comply with Australian privacy laws and education sector requirements
• Schools control their data and can request deletion
• AI processing uses privacy-preserving techniques
• Data is stored in Australian data centers

8. Fees & Payment

8.1 Pilot Program

Schools participating in the Term 1 2025 pilot program receive free access. Pilot terms may include additional conditions.

8.2 Subscription Fees

After the pilot period:

• Schools will be charged according to their selected plan
• Fees are billed annually or per term
• Pricing is based on student enrollment numbers
• Schools will receive 30 days notice of pricing changes

8.3 Refunds

Refunds are provided on a pro-rata basis for unused portions of prepaid subscriptions if terminated for cause by the school.

9. Service Availability

9.1 Uptime Commitment

We strive for 99.9% uptime during school hours (8am-6pm AEDT, Monday-Friday during school terms).

9.2 Maintenance

Scheduled maintenance will be:

• Performed outside school hours when possible
• Announced at least 48 hours in advance
• Minimized during assessment periods

9.3 Service Modifications

We may update features and functionality. Major changes will be communicated in advance.

10. Disclaimers & Limitations

10.1 Service "As Is"

MarkPoint is provided "as is" without warranties of any kind, express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Accuracy or completeness of AI-generated content
• Uninterrupted or error-free operation
• Compatibility with all systems or devices

10.2 Limitation of Liability

To the maximum extent permitted by law, MarkPoint shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of data, revenue, or profits
• Interruption of business or education activities
• Damages exceeding fees paid in the preceding 12 months

10.3 Educational Decisions

MarkPoint is a tool to assist educators. We are not responsible for educational outcomes, grading decisions, or assessment results.

11. Indemnification

You agree to indemnify and hold harmless MarkPoint, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms
• Your use or misuse of the Platform
• Your violation of any laws or third-party rights
• Content you submit or share through the Platform

12. Dispute Resolution

12.1 Informal Resolution

We encourage resolution of disputes through informal negotiation. Contact us at legal@markpoint.edu.au to discuss concerns.

12.2 Mediation

If informal resolution fails, disputes will be submitted to mediation in Sydney, Australia, before pursuing litigation.

12.3 Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any legal proceedings must be brought in NSW courts.

13. Termination

13.1 By School

Schools may terminate their account at the end of any billing period with 30 days written notice.

13.2 By MarkPoint

We may suspend or terminate accounts immediately for:

• Violation of these Terms
• Non-payment of fees
• Illegal or harmful activities
• Upon request by authorized school administrators

13.3 Effect of Termination

Upon termination, access to the Platform ceases immediately. Schools may request data export within 30 days.

14. Changes to Terms

We may modify these Terms at any time. Changes will be effective upon:

• Posting updated Terms on the Platform
• Providing 30 days notice for material changes
• Your continued use after changes constitutes acceptance

Schools may terminate if they disagree with material changes.

15. General Provisions

15.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and MarkPoint.

15.2 Severability

If any provision is found invalid, the remaining provisions continue in effect.

15.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.