Terms of Service

DeepMarking helps educators create marking projects, upload assessment materials and student submissions, run AI-assisted marking against rubrics, review results, and export marking sheets. Features, plans, and limits may change over time.

The Service is provided for desktop/laptop use as described in the product. We may restrict unsupported devices or browsers.

You must be able to form a binding contract and use the Service only for lawful educational or professional purposes. You are responsible for the accuracy of account information and for keeping login credentials confidential.

Accounts may require email activation before full access. Social login (for example Google) may be offered; your use of those providers is also subject to their terms.

We may suspend or terminate accounts that are inactive, unpaid, abusive, or in breach of these Terms.

You agree not to:

• Upload content you lack rights or institutional permission to process.
• Use the Service to harm students, harass others, or violate privacy, copyright, or academic integrity rules beyond legitimate assessment workflows.
• Attempt to reverse engineer, overload, scrape, or disrupt the Service, or bypass plan limits, rate limits, or security controls.
• Resell or provide the Service as a competing hosted platform without our written consent.
• Upload malware, unlawful content, or content that infringes third-party rights.

You retain ownership of assessment materials, rubrics, submissions, and other content you upload (“Customer Content”). You grant DeepMarking a limited licence to host, process, transmit, and display Customer Content solely to operate and improve the Service for you (including AI marking and exports).

You represent that you have all rights and consents needed to upload Customer Content, including any student personal data, and that doing so complies with your institution’s policies and applicable law (including education and privacy rules).

AI outputs (marks, feedback, generated rubrics) are provided to assist professional judgement. You remain responsible for reviewing, editing, and issuing final grades.

AI features rely on third-party models (currently Google Gemini via platform-managed keys). Outputs may be inaccurate, incomplete, or biased. Do not treat AI marks as a substitute for educator review.

We may meter AI usage, apply daily or plan caps, and temporarily disable AI when providers are unavailable or quotas are exhausted. Availability is not guaranteed.

Free and paid plans may include limits on projects, submissions, marks, or AI credits. Paid subscriptions are billed through Stripe according to the interval you select. Taxes may apply.

Unless stated otherwise, subscriptions renew until cancelled. Downgrades or cancellations take effect as described in the billing UI and Stripe customer portal (often at period end). Fees already paid are generally non-refundable except where required by law.

The Service, including software, design, branding, and documentation (excluding Customer Content), is owned by DeepMarking and its licensors. You receive a limited, non-exclusive, non-transferable right to use the Service as permitted by these Terms.

The Service integrates with providers such as Supabase, Google, Stripe, PostHog, and email/hosting vendors. Their terms and privacy practices apply to their processing. We are not responsible for outages or acts of third parties beyond our reasonable control.

We treat Customer Content as confidential and process it as described in the Privacy Policy. You must not disclose non-public Service credentials or admin access to unauthorised persons.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT MARKS, FEEDBACK, OR EXPORTS WILL BE ERROR-FREE OR THAT THE SERVICE WILL BE UNINTERRUPTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEEPMARKING AND ITS SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE CLAIM OR (B) AUD 100.

You will defend and indemnify DeepMarking against claims arising from your Customer Content, your misuse of the Service, or your breach of these Terms or applicable law, including claims by students or institutions related to content you upload.

You may stop using the Service at any time. We may suspend or terminate access for breach, risk, non-payment, or legal reasons. Upon termination, your right to use the Service ends; provisions that by nature should survive (including IP, disclaimers, liability limits, and indemnity) will survive.

We may modify the Service and these Terms. We will update the effective date and may notify you of material changes. Continued use after changes take effect constitutes acceptance. If you do not agree, stop using the Service.

These Terms are governed by the laws of Australia, without regard to conflict-of-law rules. Courts in Australia will have exclusive jurisdiction, except where consumer protections require otherwise.

Support: support@deepmarking.com
General: accounts@deepmarking.com
Website: https://deepmarking.com

Privacy details: Privacy Policy.