Terms of Service

These Terms of Service ("Terms") govern your access to and use of DeepMark, an AI-assisted marking service for UK schools, operated by DeepMark Ltd, a company registered in England and Wales with its registered office at 86–90 Paul Street, London EC2A 4NE (together "DeepMark", "we", "us", "our").

Plain English summary. DeepMark accounts are held by individual teachers, not schools. We only use your data to provide the DeepMark service to you. We do not sell Customer Data, and we do not use Customer Data or student work to train AI models — ours or any third party's. You remain in control of your data at all times. The full Terms below set out the legal detail.

By creating an account or using DeepMark, you agree to these Terms. DeepMark accounts are held by individual teachers in their personal capacity — you are not signing on behalf of, or binding, your school or any other organisation.

1. Definitions

• Service — the DeepMark website, web application, APIs, and related software made available by us.
• Customer — the individual person who creates a DeepMark account and subscribes to the Service. References to "you" in these Terms mean the Customer.
• Customer Data — content uploaded to the Service by the Customer, including question papers, mark schemes, and student exam scripts.
• Output — text, marks, annotations, or other material generated by the Service in response to Customer Data.

2. Eligibility and accounts

You must be at least 18 years old to create a DeepMark account. Accounts are intended for individual teachers. Children may not create or operate DeepMark accounts.

You are responsible for keeping your login credentials secure and for all activity that takes place under your account. Notify us at security@getdeepmark.com if you believe an account has been compromised.

3. The Service

DeepMark provides AI-assisted marking, OCR, annotation, and reporting features for exam scripts uploaded by the Customer. We aim to provide the Service substantially in line with our published documentation but reserve the right to evolve, change, or remove features as the product develops.

3.1 AI-suggested marks are decision support

The Service uses AI to suggest marks against the mark scheme provided by the Customer. AI-suggested marks are not final assessments. A teacher must review and is responsible for the final mark awarded to any student. We make no representation that the Service is a substitute for professional examiner judgement.

3.2 Beta features

We may make features available on a beta or "preview" basis. Beta features are provided "as is", may change or be withdrawn without notice, and may be excluded from any service-level commitments.

4. Customer Data

The Customer retains all rights in Customer Data. The Customer grants DeepMark a non-exclusive, worldwide, royalty-free licence to host, process, transmit, and display Customer Data solely to provide and improve the Service for the Customer.

We will not:

• Sell Customer Data
• Use Customer Data for advertising or to profile any individual
• Use student work to train our or any third party's general-purpose AI models

We act as a data processor for personal data contained in Customer Data, in accordance with our Privacy Policy and any Data Processing Agreement we agree to sign at the request of the Customer's school.

The Customer is responsible for ensuring they have the right to upload Customer Data to the Service, and for ensuring that the upload complies with applicable law (including UK GDPR) and any policies of the Customer's school that govern such use. Where Customer Data contains personal data about students, the school at which the Customer teaches remains the controller of that personal data.

5. Acceptable use

You must not, and must not permit any third party to:

• Use the Service for any unlawful purpose
• Upload material that infringes intellectual property rights, breaches confidentiality, or constitutes harassment, abuse, or hate
• Upload malware, attempt to probe, scan, or compromise the Service, or interfere with its operation
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent permitted by law
• Use the Service to develop a competing product, or to benchmark it for that purpose, without our written consent
• Use scraping, bots, or automated tools to extract data from the Service other than via APIs we provide
• Misrepresent AI-suggested marks as final or examiner-issued without teacher review
• Attempt to circumvent usage limits, billing, or access controls

We may suspend or terminate access to any account that breaches these rules.

6. Subscriptions and payment

6.1 Plans and billing

DeepMark offers paid subscription plans. Pricing, included usage, and any limits are set out on the Pricing page.

Subscriptions are billed in advance via Stripe in the cycle stated at sign-up (typically monthly or annually). Payment is due on the date stated on the invoice or charged to your card on the relevant cycle date.

6.2 Taxes

All fees are stated exclusive of VAT and any other applicable taxes. The Customer is responsible for any taxes payable on top of the subscription fee, except taxes on our net income.

6.3 Renewals and price changes

Subscriptions renew automatically at the end of each billing cycle unless cancelled in accordance with section 11. We may change prices or plan inclusions on at least 30 days' notice. Notified changes take effect at the next renewal.

6.4 Refunds

Fees already paid are non-refundable except where required by law or expressly stated in these Terms. Where we materially reduce the Service or terminate it for our convenience, we will refund any pre-paid fees for the unused portion of the term.

6.5 Failed payments

If a payment fails or is overdue, we may suspend access to the Service until the outstanding amount has been paid.

7. Intellectual property

DeepMark retains all rights in the Service, including the software, models, designs, and documentation. Subject to these Terms, we grant the Customer a non-exclusive, non-transferable right to access and use the Service during the subscription term.

The Customer retains all rights in Customer Data. As between us and the Customer, ownership of any Output generated specifically for the Customer follows ownership of the Customer Data on which it is based, but we may use de-identified, aggregated information about Service usage to operate, secure, and improve the Service.

Feedback you provide to us (suggestions, ideas, comments) may be used by us without restriction or compensation.

8. Confidentiality

Each party will protect the other's confidential information using at least the same standard of care it applies to its own confidential information, and will use it only to perform its obligations under these Terms. This obligation does not apply to information that is public, was already known, is independently developed, or is required to be disclosed by law.

9. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care.

Except as expressly stated, the Service is provided "as is" and we exclude all other warranties, conditions, and representations to the maximum extent permitted by law. This includes any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Service will be uninterrupted or error-free. We do not warrant that AI-suggested marks will match the marks a human examiner would award.

10. Limitation of liability

Nothing in these Terms limits or excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded under applicable law.

Subject to that:

• Neither party is liable for indirect, special, or consequential loss; loss of profits, revenue, or business; loss or corruption of data (other than where caused by our breach of our data protection obligations); or loss of goodwill.
• Our total aggregate liability under or in connection with these Terms (whether in contract, tort, including negligence, or otherwise) is limited to the greater of (a) £1,000 and (b) the total fees paid by the Customer to us in the 12 months immediately before the event giving rise to the claim.

The Customer accepts that AI-suggested marks are decision support and that the Customer is responsible for any marks they award to students after reviewing those suggestions. We are not liable for assessment decisions, examination outcomes, or any consequences flowing from them.

11. Term, suspension, and termination

These Terms apply for as long as you have a DeepMark account. Either party may terminate the subscription:

• For convenience, with effect from the next renewal date, by giving notice via the account or in writing
• For cause, immediately, if the other party commits a material breach that is not cured within 30 days of written notice, or becomes insolvent

We may suspend access immediately, without notice, if we reasonably believe the Service is being used in breach of these Terms or in a way that risks security, integrity, or legal liability.

On termination, the Customer's right to access the Service ends. We will retain or delete Customer Data in accordance with the Privacy Policy. The Customer may export its data using available functionality before the account closes.

Sections that by their nature should survive termination (including IP, confidentiality, liability, and dispute resolution) survive.

12. Changes to the Service or Terms

We may update these Terms from time to time. Material changes will be communicated by email to active Customers at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may terminate as described above.

13. Force majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic, internet outages, or third-party platform failures, provided the affected party uses reasonable efforts to mitigate the impact.

14. Notices

Notices to DeepMark should be sent to hello@getdeepmark.com or to our registered office address. Notices to the Customer will be sent to the email address registered on the account.

15. Assignment

Neither party may assign these Terms without the other's written consent, except that DeepMark may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all of its assets.

16. Entire agreement

These Terms, together with the Privacy Policy and any Data Processing Agreement we have agreed to sign at the request of the Customer's school, form the entire agreement between the parties in relation to the Service and supersede any prior arrangements.

17. Governing law

These Terms are governed by the laws of England and Wales. Each party submits to the exclusive jurisdiction of the courts of England and Wales for any dispute arising under or in connection with these Terms.

18. Contact

Questions about these Terms can be sent to hello@getdeepmark.com.