Terms of Service

1. Acceptance of Terms

By accessing or using ScotMark ("the Service", "we", "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

These terms constitute a legally binding agreement between you and ScotMark. Please read them carefully before using the Service.

2. Eligibility

ScotMark is intended for use by students preparing for Scottish Qualifications Authority (SQA) examinations. By using the Service, you confirm that:

• You are at least 13 years of age. If you are under 16, you should have parental or guardian consent to use the Service.
• You have the legal capacity to enter into these terms, or have obtained parental/guardian consent if required.
• You will use the Service only for lawful educational purposes.

3. Description of Service

ScotMark is an independent AI-powered revision tool that provides feedback on exam-style answers based on SQA marking principles. The Service includes:

• AI-generated feedback on submitted exam answers
• Model answer generation for practice questions
• Progress tracking and performance analytics
• Session history and revision tools

4. Accounts and Registration

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate and complete registration information
• Verify your email address when prompted
• Maintain the security of your password and account
• Notify us immediately of any unauthorised use of your account
• Not share your account credentials with others

You are responsible for all activity that occurs under your account. ScotMark reserves the right to suspend or terminate accounts that violate these terms.

5. Subscriptions and Billing

ScotMark offers both free and paid subscription plans. By subscribing to a paid plan, you agree to the following:

• Billing: Subscriptions are billed monthly in advance. Payments are processed securely by Stripe.
• Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled.
• Cancellation: You may cancel your subscription at any time. Access continues until the end of the current billing period. No partial refunds are issued.
• Plan changes: Upgrades take effect immediately on a prorated basis. Downgrades take effect at the next billing cycle.
• Price changes: We will provide at least 30 days notice of any price changes via email.
• Analyses limits: Monthly analysis allowances reset at the start of each new billing period and do not roll over.

All prices are in GBP and include applicable VAT where required by law.

6. Acceptable Use

You agree not to use the Service to:

• Submit content that is unlawful, harmful, abusive, or otherwise objectionable
• Attempt to gain unauthorised access to the Service or its systems
• Use automated tools or bots to access the Service
• Resell, redistribute, or commercially exploit the Service without written permission
• Attempt to circumvent subscription limits or payment requirements
• Upload content that infringes any third-party intellectual property rights

ScotMark reserves the right to suspend or terminate your account immediately if you violate these acceptable use policies.

7. AI Disclaimer

You acknowledge that:

• AI-generated feedback is not a substitute for teacher guidance or official SQA materials
• Model answers are AI-generated examples and may not represent the only correct approach
• ScotMark makes no guarantees about exam performance or outcomes
• You should always cross-reference feedback with official SQA past papers and marking instructions

8. Intellectual Property

The ScotMark name, logo, design, software, and all associated content are the intellectual property of ScotMark and are protected by applicable copyright and trademark laws.

You retain ownership of any exam questions and answers you submit to the Service. By submitting content, you grant ScotMark a limited licence to process that content solely for the purpose of providing the Service to you.

You may not copy, reproduce, distribute, or create derivative works from ScotMark's content without prior written consent.

9. Limitation of Liability

To the fullest extent permitted by applicable law, ScotMark shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Service.

ScotMark's total liability to you for any claims arising from these terms or your use of the Service shall not exceed the total amount paid by you to ScotMark in the three months preceding the claim.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

10. Termination

You may close your account at any time by contacting us at scotmark17@outlook.com.

ScotMark reserves the right to suspend or terminate your account without notice if you breach these terms, engage in fraudulent activity, or if we are required to do so by law.

Upon termination, your right to access the Service ceases immediately. Subscription fees already paid are non-refundable except where required by law.

11. Changes to Terms

ScotMark reserves the right to modify these Terms of Service at any time. We will notify you of significant changes by email or by displaying a notice within the Service at least 14 days before changes take effect.

Your continued use of the Service after changes take effect constitutes your acceptance of the revised terms.

12. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Scotland and the United Kingdom. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the Scottish courts.

If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.