Terms of Service

1. Service Description

MarkPoint is an AI-powered essay marking platform designed for NSW HSC English students. We provide instant, detailed feedback based on NESA band descriptors to help students practice essay writing and improve faster through unlimited practice (for paid users).

Key Features:

• AI marking with band-by-band feedback (HSC-aligned)
• Quote verification against NSW prescribed texts
• Practice essay marking (for practice/learning, not formal assessment)
• Export PDF reports with detailed feedback
• AI chat for questions about essays and feedback

2. Eligibility & Account Registration

2.1 Who Can Use MarkPoint

Individual consumers 13+ years old, including:

• High school students (Year 11-12 preparing for HSC English)
• Parents (monitoring student progress, paying for subscriptions)
• Tutors (using MarkPoint to help students)
• Anyone interested in improving essay writing skills

2.2 Parental Consent

If you're under 18: By creating this account, you confirm that your parent/guardian has consented to your use of MarkPoint. We recommend having a parent review our Privacy Policy and Terms before you start.

2.3 Account Security

• Keep login credentials confidential
• Notify us immediately of unauthorized access
• Accept responsibility for all activities under your account
• Don't share accounts (except designated group members in Pro/Ultra/Max plans)

3. AI Features & Limitations

3.1 AI Accuracy

We do NOT make accuracy claims - AI is an assistive tool only.

MarkPoint uses AI to provide marking suggestions and feedback for practice purposes. AI-generated marks and feedback are estimates to help you improve, not definitive assessments. Accuracy may vary based on essay quality, complexity, and how well your writing aligns with HSC criteria. Always use AI feedback as a learning tool, not a replacement for teacher assessment.

3.2 Known Limitations

AI may struggle with:

• Highly creative or experimental writing
• Nuanced arguments and complex philosophical reasoning
• Cultural context and specific cultural knowledge
• Sarcasm, irony, or non-literal language
• Non-standard formatting or very long paragraphs
• Fabricated quotes (75%+ similarity threshold, not 100% detection)
• Incomplete essays or fragments

3.3 Quote Verification

We verify quotes against 130+ NSW HSC English prescribed texts using semantic similarity. Treat flagged quotes as "review needed," not "definitely wrong." False positives may occur with common phrases. Students are responsible for academic integrity.

4. Pricing & Subscriptions

4.1 Subscription Plans

4.2 One-Time Boosts

• 3X Boost: $5 - Triple your credits for 24 hours (use until they run out)
• Power Boost: $10 - Unlimited AI for 24 hours (mark as many essays as you need)

4.3 Payment Processing

Payments are processed by Stripe (credit/debit cards: Visa, Mastercard, Amex). Auto-renewal monthly or yearly. Cancel anytime.

4.4 Refund Policy

7-Day Money-Back Guarantee:

• Full refund available within 7 days of initial purchase (first-time subscribers only)
• No questions asked - if you're not satisfied, we'll refund you
• Contact support@markpoint.com.au to request refund
• Refunds processed within 5-10 business days
• Does NOT apply to: Subscription renewals, one-time boosts (non-refundable after use), or if you've used >50% of monthly credits

4.5 Cancellation

• Cancel or payment fails: You keep access until end of current billing period
• After period ends: Downgrade to Free (3 credits/month)
• Past essays and marks remain viewable (read-only)
• Can reactivate subscription anytime to restore Pro access

5. Prohibited Uses & Acceptable Use Policy

You must NOT:

• Share accounts - Each subscription is for individual use (or designated group members in Pro/Ultra/Max plans)
• Use for formal school assessments - MarkPoint is for PRACTICE only, not replacing official HSC marking
• Cheat or game the system - No reverse-engineering AI, manipulating credits, or exploiting bugs
• Submit plagiarized content - Don't submit essays that aren't your own work
• Abuse AI features - No spam, inappropriate content, or testing AI with nonsense inputs
• Resell or sublicense - Can't resell MarkPoint access or create competing services
• Scrape or automate - No bots, scrapers, or automated tools without permission
• Harass other users - If using group features, no abusive behavior

6. Intellectual Property & Content License

6.1 Your Content

You retain ownership of your essays for personal use. By submitting essays and other content to MarkPoint, you grant us a worldwide, royalty-free license to:

• Store, process, analyze, and display your content for service provision
• Use submitted content to improve and train our AI models
• Use anonymized/aggregated content for research, development, and service improvement purposes

6.2 Platform Content

We own: MarkPoint platform, AI models, feedback templates, brand, and derivative works created from user content.

7. Service Guarantees & Disclaimers

7.1 What We Aim to Provide

We aim to provide:

• 99% uptime during Australian school hours (Mon-Fri)
• AI marking within 60 seconds (typically faster)
• Secure data storage (encryption at rest + in transit, regular backups)
• NESA-aligned rubrics (feedback based on current NSW band descriptors)
• Email support response within 24 business hours (Pro/Ultra/Max users)

7.2 What We DON'T Guarantee

• Service will never go down (outages may occur)
• AI marks match your teacher's marks (AI is assistive, not definitive)
• You'll pass HSC using MarkPoint (study tool, not magic solution)
• All quotes will be verified correctly (false positives/negatives possible)

7.3 "AS IS" SERVICE

MarkPoint is provided "as is" without warranties of any kind, including:

• Accuracy or completeness of AI feedback
• Uninterrupted or error-free operation
• Compatibility with all devices or browsers
• Fitness for any particular purpose

Important: This disclaimer doesn't exclude your rights under Australian Consumer Law (see Section 8).

8. Limitation of Liability (ACL-Compliant)

8.1 Maximum Liability Cap

Our maximum liability: Lesser of (subscription fees paid in last 12 months) OR ($100 AUD)

Examples: Free user ($0 paid) = $0 max; Pro user ($300 paid) = $100 cap; Max user ($3,600 paid) = $100 cap

8.2 Excluded Damages

We are not liable for:

• Indirect damages (lost opportunities, consequential harm)
• Lost data (if user didn't back up - we provide export tools)
• Third-party actions (OpenAI breach, Supabase outage)
• User misuse (student plagiarizes, uses AI marks as evidence in dispute)
• Exam failures or grade disputes (MarkPoint is practice tool, not official marking)
• Service downtime (planned maintenance, emergency outages)

8.3 Australian Consumer Law (ACL)

9. 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 Act 1988 (Australian Privacy Principles)
• Essays are temporarily sent to OpenAI (USA) for AI processing, then immediately deleted
• You can delete essays or your entire account anytime
• Data stored in Australia (Supabase/AWS Sydney region)
• Content submitted may be used to train and improve our AI systems

Read our full Privacy Policy for details: /privacy

10. Termination

10.1 By You

You can cancel anytime (see Section 4.5). Access continues until end of paid period, then you revert to Free plan.

10.2 By MarkPoint

We may suspend/terminate accounts for:

• Breach of Terms
• Abuse or illegal activity
• Non-payment of fees

10.3 Effect

Data deleted after 90 days of inactivity (see retention policy in Privacy Policy).

11. Dispute Resolution

11.1 Informal Resolution

We encourage informal resolution. Email support@markpoint.com.au to discuss concerns.

11.2 Governing Law

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

12. Changes to Terms

We may update these Terms at any time. Material changes will have 30 days notice. Continued use after changes constitutes acceptance. You may terminate if you disagree with material changes.

13. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement
• Severability: If any provision is invalid, remaining provisions continue in effect
• No Waiver: Failure to enforce any provision doesn't constitute a waiver
• Assignment: You may not assign these Terms without our consent. We may assign our rights without restriction
• Force Majeure: Not liable for events beyond our control