Terms of Service

1) INTRODUCTION

1.1 These Terms of Service govern the use of the online academic assessment and feedback platform operated by Markquill ("we", "our" or "us").

1.2 By accessing or using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms of Service.

1.3 If you are under the age of 18, you represent that your parent or legal guardian has reviewed and accepted these Terms on your behalf.

2) SERVICES

2.1 The Company provides an online academic assessment and feedback service comprising marking, grading, feedback, educational guidance and related academic support services in respect of examination papers, practice papers, coursework and other academic submissions uploaded by users (the "Services").

2.2 The scope, structure and nature of the Services may be modified, expanded, restricted, suspended or discontinued by the Company at any time, with or without prior notice, and without any liability to the User.

2.3 The Services may include, without limitation, one or more of the following:

• a) marking and assessment of examination or practice papers;
• b) provision of written academic feedback and commentary;
• c) examiner-style or mark scheme–based comments;
• d) indicative or predicted grades, scores or performance bands;
• e) model answers and/or suggested solutions;
• f) revision guidance and study recommendations;
• g) performance analysis and educational analytics; and
• h) any other academic or educational services that the Company may introduce or make available from time to time.

2.4 The Company does not guarantee that any particular Service, feature or functionality will be available at all times or remain permanently part of the Platform.

3) USER ACCOUNTS

3.1 Users may be required to create an account in order to access certain features of the Platform or the Services. The Company reserves the right to determine which features are accessible with or without an account and may change such access requirements at any time.

3.2 Users agree to provide accurate, current and complete information during registration and to promptly update such information to ensure it remains accurate and complete at all times.

Users are solely responsible for maintaining the confidentiality and security of their login credentials, including usernames and passwords, and shall be fully responsible for all activities conducted through their account.

Each account is personal to the registered User and may not be shared, assigned, transferred, sold, licensed or otherwise made available to any third party without the prior written consent of the Company.

3.3 The Company reserves the right (but shall not be obliged) to verify the identity and ownership of any account at any time and may request such information or documentation as it reasonably considers necessary for verification purposes.

3.4 Users shall immediately notify the Company of any actual or suspected unauthorised access to, use of, or breach of security in relation to their account.

3.5 The Company reserves the right to monitor account usage for the purposes of ensuring compliance with these Terms, including detecting suspected account sharing, fraudulent activity or misuse of the Platform.

3.6 Without prejudice to any other rights or remedies available to it, the Company may suspend, restrict or terminate any account at its sole discretion where it reasonably believes that:

• a) the account has been accessed or used in breach of these Terms;
• b) the account has been compromised or subject to unauthorised access;
• c) inaccurate, false or misleading information has been provided; or
• d) there is suspected fraudulent, abusive, unlawful or improper activity.

4) USER SUBMISSIONS

4.1 Users may upload examination papers, answer scripts, assignments, essays, coursework, supporting documents and other materials for assessment.

4.2 You represent and warrant that:

• a) you have the legal right to upload such materials;
• b) your submissions do not infringe the intellectual property rights of any third party;
• c) your submissions do not contain unlawful, defamatory or offensive content; and
• d) the information provided is accurate and complete.
• e) You remain the owner of your submissions.

4.3 You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, store, process and review your submissions for the purpose of providing our services and improving the Platform.

4.4 You remain the owner of your submissions.

4.5 You grant us a non-exclusive, worldwide, royalty-free licence to store, process, reproduce and review your submissions for the purpose of marking them and providing you with grades, feedback and related educational services.

4.6 We do not use your submissions to train any artificial intelligence or machine-learning models.

4.7 We may use data about your performance, such as your scores and the topics you attempt but not the content of your answers, to provide you with analytics and insights, including identifying areas where you may benefit from further practice.

4.8 Users warrant that all uploaded materials have been lawfully obtained.

Users warrant they possess all necessary permissions to upload any copyrighted material.

4.9 The Company may remove any submission suspected of infringing intellectual property rights.

The Company is under no obligation to retain uploaded submissions indefinitely.

The Company may anonymise submissions for internal quality assurance and service improvement.

The Company does not verify the authenticity or originality of any submission.

5) EDUCATIONAL PURPOSES ONLY

5.1 The Platform is intended solely for educational and learning purposes.

5.2 Any score, mark, grade, ranking, prediction, feedback or assessment provided through the Platform constitutes an educational opinion only.

5.3 No assessment, grade prediction or feedback provided by us shall constitute an official examination result, certification or assessment issued by any examination board, educational institution or governmental authority.

5.4 Marks and feedback are produced by the Company's automated marking systems, which assess your answer against the mark scheme stored for that question. They do not represent the opinion of an assigned human marker or examiner.

5.5 Marking involves academic judgement, and a human examiner may reasonably award a different mark for the same answer.

5.6 Marks awarded by the Platform may differ from those awarded by examination boards.

Users should not rely solely upon the Company's feedback when preparing for official examinations.

5.7 Nothing on the Platform constitutes educational accreditation or official certification.

6) NO GUARANTEE OF RESULTS

6.1 We do not guarantee any particular examination result, academic performance, grade improvement, admission outcome or educational achievement.

6.2 Academic performance depends on numerous factors beyond our control.

6.3 Any examples, testimonials or success stories presented on the Platform are provided for illustrative purposes only and do not guarantee future results.

6.4 The Company makes no representation that use of the Services will improve examination performance.

6.5 The Company does not guarantee admission into any school, university or educational institution.

6.6 No representation is made regarding scholarships, employment opportunities or academic progression.

7) FEES AND PAYMENT

7.1 Fees

All fees for the Services shall be displayed on the Platform or otherwise communicated to the User prior to purchase. The Company reserves the right to determine and update pricing for any Services at its sole discretion.

7.2 Payment Obligation

Users agree to pay all applicable fees in full and in advance (unless otherwise expressly stated). All payments must be made using a valid payment method accepted by the Company.

7.3 Payment Processing

Payments may be processed by third-party payment service providers. By submitting payment information, Users authorise the Company and/or its third-party payment processors to charge the applicable fees to the selected payment method. The Company shall not be responsible for any errors, delays or failures caused by such third-party payment processors.

7.4 Taxes

All fees are stated exclusive of any applicable taxes, duties, levies or governmental charges (including goods and services tax, value-added tax or similar taxes), unless otherwise stated. Users shall be responsible for the payment of all such applicable taxes.

7.5 Late or Failed Payments

Where any payment is declined, reversed, charged back or otherwise fails, the Company reserves the right to suspend or restrict access to the Services immediately until full payment has been successfully received. The Company may also charge reasonable administrative or recovery costs arising from failed payments where permitted by law.

7.6 Currency and Conversion

Where payments are made in a currency other than the default currency of the Company, conversion shall be processed at the applicable exchange rate determined by the relevant payment processor or financial institution at the time of transaction. The Company shall not be responsible for any exchange rate fluctuations, conversion fees or additional charges imposed by third-party providers.

7.7 Subscriptions and Automatic Renewal

Where Services are offered on a subscription basis, such subscriptions shall automatically renew at the end of each billing cycle unless cancelled by the User in accordance with the cancellation procedure made available on the Platform.

By purchasing a subscription, the User authorises the Company to automatically charge the applicable subscription fees to the User's selected payment method on a recurring basis until cancellation.

The Company reserves the right to modify subscription fees upon reasonable prior notice. Continued use of the Services after such changes take effect shall constitute acceptance of the revised fees.

7.8 Suspension for Non-Payment

Without prejudice to any other rights or remedies available to the Company, the Company reserves the right to suspend, restrict or terminate access to the Platform and Services if any amounts due remain unpaid after the due date or if the Company reasonably suspects that payment will not be received.

7.9 No Refund Set-Off

Users shall not be entitled to set off, deduct or withhold any amounts due to the Company for any reason, including alleged service dissatisfaction, unless expressly required by applicable law.

8) REFUNDS

8.1 Refund requests shall be considered on a case-by-case basis.

We reserve the right to refuse any refund where:

• a) services have already been performed;
• b) feedback has already been delivered;
• c) the user has breached these Terms; or
• d) the request is otherwise unreasonable.

Refunds will not normally be granted where:

• a) marking has commenced
• b) feedback has been generated
• c) reports downloaded
• d) user uploaded incorrect files
• e) duplicate submissions
• f) dissatisfaction with marks alone
• g) change of mind after service begins

9) INTELLECTUAL PROPERTY

9.1 Ownership of Platform Content

All intellectual property rights in and to the Platform and Services, including without limitation all software, source code, object code, applications, algorithms, systems, databases, structures, interfaces, website architecture, layout, design, and underlying technology, shall at all times remain the exclusive property of the Company or its licensors.

9.2 Protected Materials

Without limitation, the following constitute proprietary materials owned by the Company or its licensors:

• a) software and source code;
• b) algorithms, computational methods and grading logic;
• c) marking systems, assessment frameworks and grading methodologies;
• d) rubrics, marking schemes and evaluation criteria;
• e) model answers, exemplar responses and solution guides;
• f) feedback reports, annotations, comments and assessment outputs generated through the Platform;
• g) educational materials, content and resources;
• h) branding, trade names, logos, trademarks and service marks;
• i) website design, user interface, layout and visual presentation; and
• j) all related documentation, templates, workflows and proprietary know-how.

9.3 Restrictions on Use

Except as expressly permitted under these Terms, Users shall not, and shall not permit any third party to:

• a) copy, reproduce, modify, adapt or create derivative works of any part of the Platform or Services;
• b) distribute, transmit, publish, display, perform or otherwise make available any content obtained through the Platform;
• c) sell, licence, sublicence, rent, lease, transfer or commercially exploit any content or materials obtained through the Platform;
• d) reverse engineer, decompile, disassemble or attempt to derive the source code or underlying structure of the Platform; or
• e) remove, obscure or alter any proprietary notices, branding or identifiers appearing on any materials.

9.4 Limited Licence

Subject to compliance with these Terms, the Company grants Users a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform and receive the Services strictly for their personal, non-commercial educational purposes.

9.5 No Implied Rights

Except for the limited licence expressly granted under Clause 9.4, no rights, title or interest in or to the Platform, Services or any related intellectual property are granted or transferred to Users, whether by implication, estoppel or otherwise.

9.6 Reservation of Rights

All rights not expressly granted to Users under these Terms are hereby reserved by the Company.

10) THIRD PARTY MATERIALS

10.1 The Platform may refer to or assess materials originating from third parties, including examination boards and educational institutions.

10.2 All intellectual property rights in such materials remain vested in their respective owners.

10.3 Nothing in these Terms shall be construed as claiming ownership of third-party intellectual property.

10.4 The Company is not affiliated with, authorised by, endorsed by or acting on behalf of any examination board.

10.5 References to examination boards are made solely for identification purposes.

10.6 All examination papers remain the property of their respective copyright owners.

11) ACCEPTABLE USE

11.1 Users shall use the Platform and Services only in accordance with these Terms and for lawful, proper and bona fide educational purposes.

11.2 Users shall not, and shall not permit any third party to:

A) General misuse

• a) misuse, abuse or otherwise use the Platform in any manner inconsistent with its intended purpose;

B) Interference and security

• a) interfere with, disrupt or compromise the operation, integrity or security of the Platform or any related systems or networks;
• b) circumvent, disable or otherwise interfere with any security-related features or access control mechanisms of the Platform;
• c) attempt to gain unauthorised access to any part of the Platform, accounts, systems, servers or networks connected to the Platform;
• d) introduce, upload or transmit any viruses, malware, trojan horses, worms, spyware or other harmful or malicious code;
• e) use any automated system, including bots, scripts, crawlers or similar technologies, to access, interact with or extract data from the Platform without the Company's prior written consent;
• f) engage in scraping, data mining, data harvesting or systematic extraction of content, data or outputs from the Platform;
• g) engage in any form of reverse engineering, decompiling, disassembling or otherwise attempting to derive the source code, algorithms, models or underlying structure of the Platform or Services;

C) Account misuse

• a) share, sell, transfer or otherwise allow any third party to access or use a User's account;
• b) create multiple accounts for abusive, fraudulent or deceptive purposes;

D) Content restrictions

• a) upload, submit or transmit any content that is unlawful, defamatory, obscene, offensive, abusive, harassing, threatening or otherwise objectionable;
• b) impersonate any person or entity, or falsely state or misrepresent affiliation with any person or entity;
• c) upload any material that infringes or is reasonably suspected to infringe the intellectual property rights of any third party;

E) Academic misuse

• a) use the Platform in any manner intended to facilitate cheating, academic dishonesty, plagiarism or other misconduct in relation to any educational institution or examination board;
• b) attempt to manipulate, falsify or otherwise interfere with any marking, grading or assessment process or output generated by the Platform;

F) Commercial exploitation

• a) reproduce, copy, distribute, publicly display or otherwise exploit any part of the Platform or its outputs for commercial purposes without prior written consent of the Company;
• b) resell, sublicense, redistribute or otherwise commercially exploit any feedback, reports, grading outputs or other materials obtained through the Platform;
• c) mass download, bulk extract or systematically collect outputs, reports or content from the Platform for any purpose;

G) Staff and service abuse

• a) harass, abuse, threaten or otherwise engage in inappropriate conduct towards the Company's staff, contractors, markers or representatives;
• b) engage in any conduct that may reasonably be expected to damage the reputation or operations of the Company.

11.3 The Company reserves the right, without liability, to investigate any suspected breach of this Clause and to suspend, restrict or terminate access to the Platform where it reasonably considers that a breach has occurred or is likely to occur.

11.4 We reserve the right to suspend or terminate accounts for any breach of these Terms.

12) DATA PROTECTION

12.1 Collection and Use of Personal Data

The Company may collect, process, store and use personal data relating to Users for the purposes of operating, managing, maintaining and providing the Platform and Services, including account administration, service delivery, customer support, security monitoring, analytics and compliance with applicable legal obligations.

Users acknowledge and consent to such collection and processing in accordance with the Company's Privacy Policy, as amended from time to time.

12.2 Retention of Personal Data

The Company shall retain personal data, submissions, communications and related records only for as long as is reasonably necessary for the purposes for which they were collected, including service provision, legal compliance, dispute resolution, fraud prevention and legitimate business interests.

Retention periods may vary depending on the type of data and applicable legal, regulatory or operational requirements.

12.3 Deletion and Anonymisation

Upon expiry of the applicable retention period, or upon termination of a User's account (where applicable), the Company may delete, anonymise or permanently remove personal data and related records.

Users acknowledge that deletion or anonymisation may be irreversible and that the Company shall not be liable for any loss arising from such deletion carried out in accordance with this Clause.

12.4 Backup Copies

The Company may create and maintain backup copies of data for purposes including disaster recovery, system restoration, security and business continuity.

Such backups may be retained for a reasonable period and may not be immediately deleted or updated upon User request or account termination.

12.5 Security Measures

The Company shall implement reasonable technical and organisational measures designed to protect personal data against unauthorised access, accidental loss, misuse, alteration or disclosure.

However, Users acknowledge that no system or method of transmission over the internet or electronic storage is completely secure, and the Company does not guarantee absolute security of personal data.

12.6 Cross-Border Transfers

Users acknowledge and agree that personal data may be transferred to, stored in or processed in jurisdictions outside the User's country of residence where the Company, its affiliates or third-party service providers operate.

Such transfers shall be conducted in accordance with applicable data protection laws and, where required, subject to appropriate safeguards.

12.7 Cookies and Tracking Technologies

The Company may use cookies, pixels, web beacons and other tracking technologies to operate the Platform, enhance user experience, analyse usage patterns, maintain security and support service improvements.

Users may disable cookies through their browser settings; however, certain features of the Platform may not function properly as a result.

12.8 Analytics and Service Improvement

The Company may collect and use aggregated, anonymised or pseudonymised data for analytical and operational purposes, including monitoring Platform performance, improving Services, developing new features and conducting internal research.

Such data shall not identify Users personally where reasonably practicable.

12.9 Communications

Users consent to receive communications from the Company relating to the Services, including administrative notices, account-related information, security alerts, transactional messages and (where permitted by applicable law) marketing communications.

Users may opt out of marketing communications at any time, provided that they remain responsible for receiving essential service-related communications necessary for account and Platform operation.

13) CHILDREN'S PRIVACY

13.1 The Platform and Services may be accessed and used by students under the age of eighteen (18) years, subject to the requirements of our Privacy Policy, the Terms of Service and any applicable laws relating to minors.

13.2 Where required by applicable law, the Company may require the consent of a parent or legal guardian before collecting, processing or otherwise handling the personal data of a User under the age of eighteen (18) years. The Company reserves the right to request such information or documentation as it reasonably considers necessary to verify the identity or authority of the parent or legal guardian providing such consent.

13.3 Where a parent or legal guardian provides consent on behalf of a minor, the parent or legal guardian represents and warrants that they are legally authorised to provide such consent and acknowledges that they may be responsible for supervising the minor's use of the Platform and Services.

13.4 The Company does not knowingly collect more personal data from minors than is reasonably necessary for the provision, administration and improvement of the Services or as otherwise permitted or required by applicable law.

13.5 If the Company becomes aware that personal data relating to a minor has been collected or processed in breach of applicable law or without the required parental or guardian consent, the Company reserves the right to suspend or terminate the relevant account and to delete, anonymise or otherwise cease processing the relevant personal data, subject to any legal or regulatory obligations requiring its retention.

13.6 A parent or legal guardian may contact the Company to request access to, correction of or deletion of a minor's personal data, or to withdraw any consent previously provided, subject to applicable law and the Company's legitimate legal or operational requirements.

13.7 The Company does not knowingly permit minors to use the Platform for any unlawful purpose or in a manner that contravenes the Terms of Service. Parents and legal guardians are encouraged to supervise the online activities of minors and to ensure that any information submitted through the Platform is accurate and appropriate.

14) INDEMNITY

14.1 General Indemnity

You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, contractors, agents and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:

14.2 User Conduct and Platform Use

• a) your access to or use of the Platform or Services;
• b) any breach or alleged breach by you of these Terms;
• c) any misuse, unauthorised use or improper use of the Platform;
• d) any activity conducted through your account, whether authorised or unauthorised; and
• e) any failure by you to comply with applicable laws, regulations or institutional rules.

14.3 Submissions and Content Liability

• a) any content, materials, documents or submissions uploaded, transmitted or otherwise provided by you through the Platform;
• b) any allegation that your submissions infringe, misappropriate or violate any intellectual property rights, including without limitation copyright infringement;
• c) any allegation that your submissions contain defamatory, offensive, unlawful or misleading content;
• d) any allegation arising from illegal, unauthorised or improper uploads, including materials obtained unlawfully or without proper rights or permissions; and
• e) any breach of confidentiality or privacy obligations relating to any materials submitted by you.

14.4 Academic and Institutional Misconduct

• a) any claim, allegation or investigation relating to academic misconduct, cheating, plagiarism or violation of any rules, policies or codes of conduct imposed by any educational institution, examination board or similar authority;
• b) any use of the Platform by you in a manner that facilitates or contributes to academic dishonesty or misconduct.

14.5 Privacy and Data-Related Breaches

• a) any allegation or claim relating to the collection, use, storage, processing or disclosure of personal data by you in breach of applicable privacy or data protection laws;
• b) any unauthorised disclosure, misuse or mishandling of personal data or confidential information submitted by you through the Platform.

14.6 Regulatory and Legal Proceedings

• a) any investigation, enforcement action, claim or proceeding brought by any governmental, regulatory or quasi-regulatory authority arising out of your conduct or use of the Platform;
• b) any breach by you of applicable laws, regulations, codes or legal obligations in any jurisdiction.

14.7 Costs and Enforcement

• a) all reasonable legal fees, professional fees and costs incurred by the Indemnified Parties in investigating, defending or settling any claim arising under this Clause; and
• b) any settlement amounts or damages awarded against the Indemnified Parties as a result of such claims.

14.8 Survival

This indemnity shall survive termination or suspension of your access to the Platform or Services.

15) TERMINATION

15.1 Suspension or Termination by the Company

The Company reserves the right, at its sole discretion, to suspend, restrict or terminate a User's access to the Platform or Services at any time, with or without notice, and without liability to the User.

15.2 Accrued Rights

Termination or suspension shall not affect any rights, remedies, obligations or liabilities of either party that have accrued prior to the date of termination, including any payment obligations of the User.

15.3 Immediate Termination

Without prejudice to the generality of Clause 15.1, the Company may suspend or terminate a User's access immediately and without prior notice if the Company reasonably believes that the User has engaged in any of the following:

• a) fraud, deception or misrepresentation;
• b) failure to make payment when due or payment default;
• c) infringement or suspected infringement of intellectual property rights, including copyright infringement;
• d) abusive, threatening, harassing or otherwise inappropriate conduct towards the Company, its staff, contractors or other users;
• e) use of the Platform for unlawful, illegal or unauthorised purposes; or
• f) any attempt to interfere with, disrupt, damage, overload, compromise or gain unauthorised access to the Platform, systems or networks.

15.4 Additional Grounds for Suspension

The Company may also suspend access where it reasonably suspects:

• a) breach of these Terms;
• b) account sharing or unauthorised account access;
• c) submission of unlawful, infringing or inappropriate content; or
• d) activity that may expose the Company to legal, regulatory or reputational risk.

15.5 Effect of Termination

Upon termination for any reason:

• a) all rights granted to the User under these Terms shall immediately cease;
• b) the User shall no longer have access to the Platform or Services;
• c) the Company may delete or disable access to the User's account and associated data in accordance with its data retention policies; and
• d) any provisions of these Terms which by their nature are intended to survive termination shall remain in full force and effect.

16) MODIFICATIONS

16.1 We reserve the right to amend these Terms from time to time.

16.2 Continued use of the Platform following any amendment shall constitute acceptance of the revised Terms.

16.3 Material amendments will take effect upon publication unless otherwise stated. Continued use constitutes acceptance.

17) GOVERNING LAW

17.1 These Terms shall be governed by and construed in accordance with the laws of Malaysia.

17.2 The courts of Malaysia shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms.

18) CONTACT INFORMATION

For enquiries relating to these Terms, please contact:

Markquill
support@markquill.com

19) SERVICE AVAILABILITY

19.1 The Company shall use reasonable commercial efforts to make the Platform and Services available to users. However, the Company does not warrant or guarantee that the Platform will be available at all times or that access will be uninterrupted, timely, secure or error-free.

19.2 The Company reserves the right, without prior notice, to suspend, restrict, modify or discontinue all or any part of the Platform or Services for maintenance, upgrades, security measures, operational improvements, legal compliance or any other reason considered necessary by the Company.

19.3 The Company shall not be liable for any loss, damage or inconvenience arising from any interruption, suspension or unavailability of the Platform.

20) COPYRIGHT COMPLIANCE

20.1 Users acknowledge that examination papers, mark schemes and other educational materials may be protected by copyright and other intellectual property rights belonging to third parties.

20.2 Users warrant that any material uploaded to the Platform has been lawfully obtained and that they possess all necessary rights, licences or permissions to upload and submit such material.

20.3 The Company reserves the right to refuse, remove or disable access to any submission that it reasonably believes infringes the intellectual property rights of any third party.

Nothing contained within the Platform shall be construed as transferring ownership of any third-party intellectual property to the Company or any user.

21) QUALITY ASSURANCE

21.1 The Company may review, audit or moderate any assessment, feedback or report generated through the Platform for the purposes of maintaining service quality, ensuring consistency, staff training and improving the Services.

21.2 The Company may use anonymised submissions, reports and feedback for internal quality assurance, educational research and service development.

21.3 Where reasonably practicable, any identifying personal information shall be removed prior to such internal use.

22) DATA RETENTION

22.1 The Company may retain uploaded submissions, reports, correspondence and assessment records for such period as it considers reasonably necessary for operational, legal, regulatory, quality assurance or dispute resolution purposes.

22.2 The Company reserves the right to permanently delete user submissions and associated records after the expiry of the applicable retention period.

22.3 Users are solely responsible for maintaining their own copies of any submitted materials and assessment reports.

23) NO AFFILIATION

23.1 The Company is an independent educational services provider.

23.2 Unless expressly stated otherwise, the Company is not affiliated with, endorsed by, authorised by or acting on behalf of any examination board, educational institution, university or governmental authority.

23.3 Any reference made to an examination board, syllabus, qualification or educational institution is made solely for identification and descriptive purposes.

24) AI AND AUTOMATED TECHNOLOGIES

24.1 The Company may utilise automated systems, artificial intelligence technologies or other software tools to assist in providing certain aspects of the Services.

24.2 Any automated assessment or analysis is intended solely to assist the Company's educational processes and does not constitute an official assessment.

24.3 The Company makes no representation or warranty that any automated assessment or recommendation will be free from error.

25) ELECTRONIC COMMUNICATIONS

25.1 Users consent to receive notices, disclosures, invoices, updates and other communications from the Company by electronic means, including email and notifications made available through the Platform.

25.2 Electronic communications shall be deemed to have been received upon transmission unless otherwise demonstrated.

26) ENTIRE AGREEMENT

26.1 These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between the parties concerning the use of the Platform and supersede all prior discussions, negotiations, representations and agreements relating to the same subject matter.

27) SEVERABILITY

27.1 If any provision of these Terms is determined by a court or competent authority to be unlawful, invalid or unenforceable, that provision shall be severed to the minimum extent necessary and the remaining provisions shall continue in full force and effect.

28) WAIVER

28.1 No failure or delay by the Company in exercising any right, power or remedy under these Terms shall operate as a waiver of that right, power or remedy.

28.2 Any waiver shall only be effective if made in writing by an authorised representative of the Company.

29) FREE TRIALS

29.1 Where the Company offers a free trial of any paid Service, the terms of this Clause 29 shall apply. The Company is under no obligation to offer a free trial and may introduce, vary, suspend or withdraw any trial offer at any time without prior notice.

29.2 Where a free trial is offered, it shall run for 7 days from the date on which it is redeemed. A valid payment method is required in order to commence a trial. No amount shall be charged to the registered payment method during the trial period.

29.3 The Company shall send a reminder to the email address registered to the account before the trial period ends.

29.4 Unless cancelled before the trial period expires, a free trial shall convert automatically into a rolling monthly subscription at the price then displayed on the Platform, and the registered payment method shall be charged on a recurring basis until cancelled in accordance with these Terms.

29.5 A free trial may be cancelled at any time before it expires through Settings, then Subscription, on the Platform. Where a trial is cancelled before it expires, no charge shall be made.

29.6 Each account is entitled to one free trial only. Where an account has previously redeemed a free trial, any subsequent purchase shall proceed as a standard paid subscription with no trial period attached.

30) CANCELLATION

30.1 A subscription may be cancelled at any time through Settings, then Subscription, on the Platform. No reason need be given, and no cancellation fee is charged.

30.2 Cancellation takes effect at the end of the period already paid for. The subscription does not renew, access to paid features continues until that date, and the account then reverts to the free tier.

30.3 Cancelling does not of itself entitle the User to a refund of amounts already paid. Refunds are dealt with separately under Clause 8.

30.4 The Exam Pass is a single payment covering a fixed period. It does not renew, so there is nothing to cancel, and it runs to the end of the period stated at purchase.

30.5 Where a subscription funds access for another User, the User who pays may cancel that funding through Settings on the same basis as Clause 30.2. The funded access continues until the end of the period already paid for.

30.6 Nothing in this Clause limits the Company's right to suspend or terminate access under Clause 15, or any statutory cancellation right the User may have.