Markable — Terms of Service

Version: 1.0 Effective date: 8 May 2026

These Terms of Service ("Terms") form a legally binding agreement between you ("you", "the teacher") and Joanne Renwick, trading as Markable ("Markable", "we", "us") governing your use of the Markable AI-assisted annotation and feedback platform (the "Service"). You must read and accept these Terms before you use the Service. By creating an account, ticking the acceptance box, and accessing the Service, you confirm that you accept these Terms.

These Terms should be read alongside our Privacy Policy and Cookie Policy. Where Markable processes student personal data on behalf of a school, the school's Data Processing Agreement with Markable also applies and prevails over these Terms in respect of that processing.

1. Definitions

In these Terms:

"AI" means the third-party large language model used by Markable to produce annotations and feedback on uploaded scripts.
"AI Output" means annotations, content-presence claims, and suggested improvement priorities produced by the AI.
"Content" means any data, file, text, mark, comment, or other material you upload to or generate within the Service.
"Pearson Materials" and equivalents means mark schemes, examiner reports, past papers and other materials published by an awarding organisation.
"School" means the educational institution at which you are employed or which has authorised you to use the Service.
"Student" means a learner whose script is uploaded to the Service.
"Subscription" means the paid plan under which the Service is made available to you or your School.

2. Eligibility and authorisation

You may use the Service only if all of the following are true:

You are at least 18 years old;
You are a qualified teacher, lecturer, assessor, or other educational professional with a current and proper role assessing student work for the qualifications supported by Markable;
You have authorisation from your School to use the Service for that purpose;
Your use of the Service is consistent with your School's data protection, assessment, and acceptable use policies;
Where required by your School or its DPO, you have obtained internal sign-off before processing student work through the Service;
You are not prohibited from using the Service under applicable law or sanction.

You must stop using the Service and notify Markable if any of these cease to be true.

3. Your account

You must register using a valid School email address.
You are responsible for the accuracy of your registration information, the security of your credentials, and all activity under your account.
We strongly recommend that you enable multi-factor authentication on your account. This is available from your account settings.
You must notify Markable immediately if you believe your credentials have been compromised.
You may not share, sell, transfer, or sublicense your account.

4. The role of AI in the Service — and your responsibility

You acknowledge and agree that:

4.1 What the AI does

The AI reads uploaded script text and produces:

Paragraph-level annotations highlighting strengths and areas for development;
Identification of mark-scheme content present or absent in a response;
Suggested improvement priorities for the teacher to review.

4.2 What the AI does not do

The AI does not produce or suggest marks, mark bands, or grades. It does not communicate with students, replace any aspect of your professional judgement, or act as the assessor.

4.3 Limitations of large language models

You acknowledge that:

LLMs can produce confident-sounding output that is factually wrong;
The same script may receive different AI Output on different runs;
The model may perform differently on different writing styles, dialects, or response patterns.

4.4 You are the assessor

You agree that:

You will independently read and assess every script;
You will treat AI Output as suggestion only — never as a mark or determination;
You will enter all marks, write all comments, select all grades, and apply your professional judgement;
You will not copy AI-generated text directly into the feedback report (the system prevents this; do not attempt to circumvent);
You will not represent AI Output to a student, parent, or other party as your own marking;
Where your School operates an internal verification or moderation process, you will follow it;
You accept full professional responsibility for every mark, comment, and grade finalised by you in the Service.

4.5 Disclosure to students and parents

You will disclose AI assistance to students and parents in line with your School's assessment policy. Markable provides a Student/Parent Privacy Notice template for schools to use.

5. Permitted and prohibited use

5.1 Permitted use

The Service is intended for use:

As an annotation and feedback tool for the subjects and assessment types officially supported by Markable;
To support the teacher's marking and feedback workflow, including for internal homework, in-class tests, and (subject to centre IV) summative internal assessment;
For teacher professional development and standardisation activity.

5.2 Prohibited use

You agree not to use the Service:

As a sole or primary marker for any regulated qualification;
For GCSE, AS, or A-level summative marking that contributes to reported outcomes (unless and until Markable formally extends to support such use);
For coursework moderation that bypasses or replaces centre IV;
As a remote invigilator;
For any subject not officially supported on the platform;
By, or directly with, students;
In breach of any awarding organisation centre policy, JCQ guidance, Ofqual regulations, or applicable law.

5.3 Acceptable use

You also agree not to:

Reverse-engineer, decompile, or attempt to circumvent the platform's technical controls (including copy-protection on AI suggestions);
Attempt to manipulate the AI through prompt injection, jailbreaking, or similar techniques;
Use the Service to generate content that is unlawful, discriminatory, defamatory, sexual, or harmful;
Upload viruses, malware, or content intended to disrupt the Service;
Share account credentials or use someone else's account;
Mislead students or parents about how their feedback was produced.

6. Data and uploads

6.1 What you must not upload

You must not upload:

Scripts containing the full names of students or other unnecessary direct identifiers;
Scripts containing special category personal data (health, ethnicity, religion, sexual orientation, biometric, genetic, political opinion) unless your School has carried out the necessary risk assessment and authorised it explicitly in writing;
Scripts containing third-party personal data not properly redacted;
Material that infringes third-party intellectual property rights except as expressly permitted by these Terms.

6.2 PII warnings

If the Service detects content that may be PII, you will be presented with a warning and must either confirm the detected text is not real PII (e.g., a fictitious character name) and continue, or remove the script. You are responsible for the accuracy of that confirmation.

6.3 Safeguarding disclosures

If a Student's script contains, or appears to contain, a disclosure of harm or potential safeguarding concern, you remain responsible for following your School's safeguarding policy and reporting to the Designated Safeguarding Lead. The Service may flag potential disclosures to assist you, but the legal and professional responsibility to act remains yours.

6.4 Retention and deletion

You are responsible for deleting Student data from the Service when it is no longer needed. The Service provides tools to delete individual scripts and entire class datasets.

7. Intellectual property

7.1 Markable's IP

The Service — including its software, prompts, design, branding, and trained components — is owned by Markable or its licensors and is protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for the permitted purposes during your Subscription. No other rights are granted.

7.2 Your content

You retain ownership of, or appropriate rights in, the marks, comments, and assessment decisions you author within the Service. You grant Markable a limited licence to host, store, transmit, display, and process that content solely to operate the Service for you and your School.

7.3 Student content

Markable does not acquire ownership of, or any commercial right in, the text of Student scripts uploaded to the Service. Markable will not collect, store, share, or use Student script content for AI model training, fine-tuning, product improvement, or any commercial purpose.

7.4 Awarding organisation materials

You acknowledge that Pearson Materials and equivalent materials published by other awarding organisations are the copyright of the relevant awarding organisation. You agree:

Not to attempt to extract, copy, redistribute, or commercially exploit such materials accessed through the Service;
Not to use Markable to train or fine-tune any third-party AI model;
To comply with any additional terms applicable to your own access to such materials through your centre's contract with the relevant awarding organisation.

7.5 Feedback to Markable

If you provide Markable with comments, suggestions, or feedback about the Service, you grant us a perpetual, royalty-free, worldwide licence to use that feedback to improve the Service.

8. Subscription, payment, and changes

The Service is made available under a Subscription, the price and term of which are set out at the point of purchase.
Subscriptions auto-renew unless cancelled before the renewal date.
Except where required by law, Subscription fees are non-refundable.
We may change Subscription fees by giving at least 30 days' notice. Changes apply at the next renewal.
Fees are stated exclusive of VAT.

9. Service availability and changes

We aim to make the Service available with high availability but do not guarantee uninterrupted access.
We may change the underlying AI model from time to time. Material model changes will be subject to our pre-release test cycle before promotion.
We may add, modify, or remove features, but will not remove a material feature without reasonable notice.
We may discontinue the Service on 90 days' notice, in which case we will refund any pre-paid Subscription fees for unused periods.

10. Suspension and termination

You may stop using the Service and terminate your account at any time. Termination does not entitle you to a refund except as required by law.
We may suspend or terminate access for breach of these Terms, where required by law or by a regulator, or on 30 days' notice for any reason.
On termination, your licence to use the Service ends. You may export your assessment records during a 30-day grace period; thereafter data is deleted in accordance with our Privacy Policy, except where retention is required by law.

11. Confidentiality

Each party will keep confidential any non-public information disclosed by the other in connection with the Service, and will use it only for the purposes of these Terms. This obligation does not apply to information that is in the public domain through no fault of the receiving party, or that is required to be disclosed by law.

12. Warranties and disclaimers

Our warranty. Markable warrants that it will provide the Service with reasonable skill and care.

No other warranties. Except as expressly set out in these Terms, the Service is provided "as is". To the maximum extent permitted by law, we exclude all other warranties, conditions, and representations, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

AI Output disclaimer. You expressly acknowledge that AI Output is not professional advice, is not a determination of any mark or grade, and may be incorrect or unreliable. You will not rely on AI Output as the sole basis for any decision affecting a Student.

13. Limitation of liability

Liabilities not excluded. Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

Excluded losses. Subject to the above, neither party is liable for any loss of profits, revenue, business, or anticipated savings; loss of goodwill or reputation; loss or corruption of data (other than direct costs of restoration); or indirect, special, or consequential loss.

Cap on liability. Subject to the above, our total aggregate liability arising out of or in connection with these Terms in any 12-month period is limited to the greater of (a) the Subscription fees paid by or on behalf of you to Markable in the 12 months immediately preceding the event giving rise to the claim, or (b) £100.

14. Indemnity

You agree to indemnify and hold Markable harmless against any claim brought against us by a third party arising out of:

Your use of the Service in breach of these Terms or applicable law;
Your upload of Content that infringes third-party rights or violates law;
Your failure to obtain authorisations required by your School or by law.

15. Governing law and jurisdiction

These Terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms, except that we may bring proceedings to enforce intellectual property rights or to obtain injunctive relief in any competent court.

16. Notices

Notices to Markable should be sent to support@markable.uk. Notices to you will be sent to the email address associated with your account, or via in-product notification.

17. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified by email at least 14 days before they take effect. If you continue to use the Service after a change takes effect, you accept the updated Terms. If you do not accept a change, you may terminate your Subscription before the change takes effect and we will refund a pro rata share of any pre-paid Subscription fees.

18. General

Entire agreement: these Terms, together with the policies referred to in them, are the entire agreement between you and Markable in respect of the Service.
Severability: if any part of these Terms is held to be unenforceable, the remainder continues in force.
No waiver: failure to enforce a right is not a waiver of that right.
Assignment: you may not assign these Terms without our consent. We may assign these Terms to a successor in connection with a corporate reorganisation or sale.
Third-party rights: these Terms do not give any rights to any person other than you and Markable, except that your School may enforce the data protection provisions to the extent it is the controller of relevant data.
Force majeure: neither party is liable for failure to perform due to causes beyond its reasonable control.

19. Raising a concern

Email support@markable.uk with the subject line "Compliance Concern". We will acknowledge within 5 working days and respond substantively within 20 working days. Marking disputes are a matter for the school's normal assessment appeals procedure.

20. Contact

Markable (sole trader, proprietor: Joanne Renwick) support@markable.uk ICO Registration: C1917001