Terms of Service

MARKMATE is an AI-assisted tool designed to help authorized teachers prepare and grade English and Bagrut examinations.

Depending on the features available, the Service may allow teachers to:

• upload photographs or scans of examination materials;
• extract text and answers from submitted examination materials;
• apply teacher-provided rubrics, answer keys, and grading criteria;
• generate suggested scores, score breakdowns, and feedback; and
• manage examination and assessment records for limited periods.

MARKMATE is an assistive assessment tool. It does not independently issue official grades, make admissions or progression decisions, determine certification, or replace the professional judgment of a teacher.

You may use MARKMATE only if you:

• are at least 18 years old and have legal capacity to enter into these Terms;
• use the Service for lawful educational, administrative, or assessment-related purposes; and
• have the authority and permissions necessary to upload and process the materials you submit.

You are responsible for complying with applicable Israeli law, Ministry of Education requirements, examination rules, school policies, employment obligations, and professional standards when using MARKMATE.

If you use MARKMATE on behalf of a school or other organization, you confirm that you are authorized to do so.

MARKMATE may generate suggested grades, score breakdowns, extracted answers, feedback, confidence indicators, explanations, or other AI-assisted outputs ("AI Outputs").

AI Outputs may contain errors. For example, MARKMATE may incorrectly read handwriting, misunderstand a student's answer, apply a rubric incorrectly, or produce an incomplete or inappropriate assessment.

MARKMATE does not assign or approve the final grade of a student. The teacher remains solely responsible for reviewing and approving the final grade and feedback.

Before saving, recording, publishing, or communicating a grade, you must review the relevant examination material and the MARKMATE output.

You agree to:

• treat AI Outputs as suggestions and decision-support information, not as independently verified results;
• apply appropriate professional judgment when determining a student's final grade;
• carefully review low-confidence, ambiguous, incomplete, illegible, multilingual, non-standard, or otherwise exceptional answers;
• verify that the rubric, answer key, scoring weights, thresholds, and other grading criteria are accurate and appropriate; and
• not rely solely on MARKMATE's AI Outputs for decisions that materially affect a student's educational access, progression, certification, discipline, scholarship, or other significant educational interest.

You must provide accurate and current information when creating and maintaining your account.

You are responsible for:

• maintaining the confidentiality of your account credentials;
• preventing unauthorized access to your account;
• using MARKMATE only through authorized accounts; and
• notifying MARKMATE through the support or security contact available within the Service if you become aware of unauthorized access or a security incident.

You must not:

• share your account credentials with unauthorized persons;
• access another person's account or data without authorization;
• circumvent authentication or security controls;
• scrape, probe, or disrupt the Service;
• use automated tools to access or copy the Service except through an authorized API and in accordance with its documentation; or
• attempt to gain unauthorized access to MARKMATE systems or data.

"Customer Content" means materials that you upload, submit, transmit, create, or otherwise make available through MARKMATE.

Customer Content may include examination scans, photographs, handwritten answers, student information, grades, rubrics, answer keys, and teacher feedback.

You retain your rights in your Customer Content.

You grant MARKMATE a limited, non-exclusive right to host, process, reproduce, transmit, and display Customer Content only to the extent reasonably necessary to:

• provide and operate the Service;
• maintain and secure the Service;
• provide customer and technical support;
• prevent or investigate fraud, abuse, security incidents, or technical problems;
• comply with applicable law; and
• enforce these Terms.

You represent that you have the authority and legal basis required to provide Customer Content to MARKMATE and to authorize its processing.

You should upload only information reasonably necessary for the grading purpose. In particular, you should avoid including student identity numbers, passport details, contact information, health information, financial information, disciplinary information, or other sensitive information that is not necessary for assessment.

MARKMATE's collection, use, storage, and processing of personal information are described in the MARKMATE Privacy Policy, which forms part of these Terms.

When a teacher uploads student examination materials to MARKMATE, the teacher is generally responsible for determining the purpose and lawful basis for processing the personal information contained in those materials.

The teacher is responsible for ensuring that they have the necessary authority, permissions, and lawful basis to upload and process student information through MARKMATE.

This includes complying, where applicable, with Israeli privacy law, Ministry of Education requirements, school policies, examination procedures, and any applicable requirements concerning notice to students, parents, or guardians.

The teacher should minimize the personal information included in examination materials and should not upload information that is unnecessary for the grading purpose.

MARKMATE may independently process certain information for its own legitimate operational purposes, including account administration, authentication, payment and transaction processing, service security, fraud prevention, technical operations, customer support, legal compliance, and maintenance of appropriate operational records.

Where required by applicable law or agreed between MARKMATE and an organization, additional data-processing terms may apply. In the event of a conflict concerning the processing of personal information, those additional terms will prevail to the extent of the conflict.

MARKMATE is designed to minimize the retention of student examination materials and results.

Examination Images

The original images of student examinations, including photographs, scans, and PDF files containing student handwriting, are automatically deleted 30 days after grading of that examination is completed.

If an examination remains ungraded, the original image is retained until grading occurs, but is deleted no later than 90 days after upload in any event, together with the examination record and any grading information.

Examination Records

After an examination is scanned, MARKMATE may create a digital examination record using OCR (optical character recognition). This record consists of the extracted text of the examination and is separate from the original handwriting image.

The digital examination record, including the extracted text, is retained for up to 90 days after the examination was uploaded.

Grading and Results

Where an examination has been graded, the associated grading information, including grades, scores, and AI-generated feedback, is retained for up to 90 days after the examination was uploaded.

Accordingly, the original handwriting image may be deleted before the corresponding digital examination record and grading information.

End-of-School-Year Deletion

Regardless of the retention periods described above, student examination materials and examination records are subject to deletion at the end of each school year through MARKMATE's periodic administrative deletion process.

Examination Definitions, Rubrics, and Answer Keys

Teacher-created examination definitions, rubrics, and answer keys may be retained indefinitely so that teachers can reuse and adapt them for future classes.

These materials are intended not to contain student personal information. Teachers are responsible for ensuring that student personal information is not included in reusable examination definitions, rubrics, or answer keys.

Account and Operational Records

Account, payment, security, audit, and transaction records may be retained for as long as reasonably necessary for account administration, security, tax and accounting requirements, fraud prevention, legal compliance, dispute resolution, and enforcement of these Terms. Such information will be deleted or anonymized when it is no longer needed, subject to applicable legal retention requirements.

Where available, you may manually delete an individual examination or submission through the Service.

You may also request deletion of your account or eligible personal information through the privacy or support channels made available by MARKMATE.

Deletion may be delayed or limited where retention is required by law, a valid legal request, fraud prevention, a security investigation, dispute resolution, or the establishment, exercise, or defense of legal claims.

You are responsible for exporting and retaining examination records that you are legally, institutionally, or professionally required to keep before the applicable deletion period expires.

You must use MARKMATE lawfully and responsibly.

You must not use the Service to:

• violate applicable law, examination procedures, school policies, or another person's rights;
• process student or other personal information without appropriate authority or a lawful basis;
• upload malware, malicious code, or content intended to damage or disrupt the Service;
• reverse engineer, decompile, disassemble, or attempt to discover the source code, models, prompts, algorithms, or underlying components of the Service, except where such restriction is prohibited by law;
• use the Service or its outputs to develop a competing product or service;
• unlawfully discriminate against students or other individuals;
• use AI Outputs as the sole basis for consequential educational decisions;
• infringe intellectual-property rights, privacy rights, confidentiality obligations, or other legal rights;
• interfere with the security, integrity, availability, or performance of the Service; or
• attempt to obtain unauthorized access to the Service or another user's information.

MARKMATE and its licensors retain all rights, title, and interest in the Service, including its software, user interfaces, workflows, documentation, branding, algorithms, models, templates, and other materials, excluding Customer Content.

Subject to your compliance with these Terms and payment of applicable fees, MARKMATE grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the applicable subscription or usage period for your authorized educational purposes.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Service except as expressly permitted by MARKMATE or applicable law.

If you provide feedback, suggestions, or ideas concerning MARKMATE, you grant MARKMATE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use that feedback to improve or develop the Service without compensation to you.

Certain MARKMATE features may require payment or the use of tokens.

Applicable prices, token quantities, usage limits, taxes, and payment terms will be presented in the Service or at the time of purchase.

Unless otherwise stated or required by applicable law:

• fees are charged in advance or as disclosed at purchase;
• token purchases are non-refundable once purchased or used, except where a refund is required by applicable law or expressly offered by MARKMATE;
• you are responsible for applicable taxes, duties, levies, VAT, and similar charges, excluding taxes imposed on MARKMATE's net income;
• you must keep your billing and payment information accurate and current; and
• payments may be processed through third-party payment providers that have their own terms and privacy policies.

Nothing in these Terms limits any mandatory cancellation, refund, or other consumer rights that cannot lawfully be excluded under applicable Israeli law.

You may stop using MARKMATE at any time and may cancel a paid plan or close your account through the options made available within the Service.

MARKMATE may suspend or terminate access, with or without notice where reasonably necessary, if:

• you materially breach these Terms;
• your use creates a significant privacy, security, legal, operational, or reputational risk;
• you use the Service in a manner that may harm students, other users, MARKMATE, or the Service; or
• MARKMATE is required to do so by law, court order, or a competent authority.

Following termination, your right to use the Service ends.

Customer Content will be handled in accordance with the retention and deletion provisions in these Terms, unless different treatment is required by law or a separate written agreement.

Provisions that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, payment obligations, and dispute resolution.

To the maximum extent permitted by applicable law, MARKMATE is provided on an "as is" and "as available" basis.

MARKMATE does not guarantee that:

• the Service will always be available, uninterrupted, timely, secure, or error-free;
• handwriting recognition, text extraction, AI analysis, suggested grades, or feedback will always be accurate or complete;
• AI Outputs will be unbiased or suitable for every examination, student response, handwriting style, language, rubric, or educational context;
• a suggested grade will match the teacher's professional judgment;
• the Service will satisfy every educational, institutional, legal, regulatory, or technical requirement; or
• data loss will never occur.

To the maximum extent permitted by applicable law, MARKMATE disclaims warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, security, and error-free operation.

Nothing in these Terms excludes or limits rights or warranties that cannot legally be excluded.

To the maximum extent permitted by applicable law, MARKMATE and its affiliates, licensors, directors, officers, employees, agents, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, data, educational opportunity, reputation, or anticipated savings arising from or relating to the Service or these Terms.

To the maximum extent permitted by applicable law, MARKMATE's total aggregate liability arising from or relating to the Service or these Terms will not exceed the greater of:

• the amount you paid to MARKMATE for the Service during the 12 months preceding the event giving rise to the claim; or
• NIS 500.

Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability arising from fraud, intentional misconduct, or death or personal injury where such limitation or exclusion is prohibited by law.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless MARKMATE, its affiliates, licensors, officers, directors, employees, and agents from claims, losses, liabilities, damages, costs, and reasonable legal expenses arising from or relating to:

• Customer Content you submit;
• your breach of these Terms;
• unlawful, unauthorized, or negligent use of the Service;
• your failure to obtain the authority or permissions required to process student information;
• your failure to provide legally required notices concerning such information; or
• your use of AI Outputs without the required professional review.

MARKMATE may modify, suspend, or discontinue features of the Service when reasonably necessary for technical, operational, security, legal, or business reasons.

Where reasonably practicable, MARKMATE will provide notice of material changes that significantly affect the Service.

MARKMATE may update these Terms from time to time.

If we make material changes, we will provide reasonable notice through the Service, by email, or by another appropriate method.

The updated Terms will take effect on the date stated in the notice. Your continued use of MARKMATE after the effective date constitutes acceptance of the updated Terms, to the extent permitted by law.

These Terms are governed by the laws of the State of Israel, without regard to conflict-of-laws principles.

Disputes arising from or relating to these Terms or the Service will be subject to the jurisdiction of the competent courts in Israel, subject to any mandatory rights or jurisdiction rules that cannot lawfully be excluded.

Before commencing formal legal proceedings, each party will make a good-faith effort to resolve the dispute by providing written notice to the other party and allowing a reasonable period for discussion, unless urgent legal or injunctive relief is required.

These Terms, together with the MARKMATE Privacy Policy and any other documents expressly incorporated into these Terms, constitute the agreement between you and MARKMATE concerning your use of the Service.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

You may not assign or transfer your rights or obligations under these Terms without MARKMATE's prior written consent.

MARKMATE may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or operation of law.

A failure by MARKMATE to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision later.

Questions concerning these Terms, privacy, security, or the MARKMATE Service may be submitted through the contact and support channels made available within MARKMATE, or by email at markmate.app@gmail.com.