Terms of Service

Last Updated: December 3, 2025 | Effective Date: December 3, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and TheMattLabs Ltd ("Company," "we," "us," or "our") concerning your access to and use of the UpMark mobile application (the "App") and any related services.

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

2. Description of Service

UpMark is an educational application that helps students track their academic progress by:

Scanning and analyzing marked schoolwork using AI technology
Tracking scores and academic progress over time
Identifying topics that require additional study
Generating progress reports and insights
Enabling parents/guardians to view student progress (with student consent)

3. Account Registration

3.1 Eligibility

You may create an account if you:

Are 13 years of age or older (or the applicable age of consent in your jurisdiction), or
Are under 13 and have verifiable parental consent

3.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

4. Subscriptions and Payments

4.1 Free and Paid Services

UpMark offers both free features and premium subscription plans. Free users have access to limited document processing per month. Premium subscribers have access to unlimited processing and additional features.

4.2 Billing

All purchases are processed through Apple's App Store. By subscribing, you agree to:

Apple's Terms and Conditions for in-app purchases
Automatic renewal of your subscription unless cancelled
Being charged through your Apple ID account

4.3 Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation will take effect at the end of the current billing period. No refunds are provided for partial periods.

4.4 Price Changes

We may change subscription prices. Any price changes will be communicated in advance and will apply to the next billing cycle after notice.

5. Acceptable Use

5.1 Permitted Use

You may use the App for personal, non-commercial educational purposes only.

5.2 Prohibited Conduct

You agree NOT to:

Upload content that infringes intellectual property rights
Upload content that is illegal, harmful, threatening, or obscene
Attempt to gain unauthorized access to our systems
Use the App to distribute malware or spam
Reverse engineer, decompile, or disassemble the App
Use automated systems to access the App without permission
Impersonate another person or entity
Use the App for any commercial purpose without authorization

6. User Content

6.1 Your Content

You retain ownership of all content you upload to the App, including scanned documents, answers, and annotations ("User Content").

6.2 License Grant

By uploading User Content, you grant us a limited, non-exclusive license to:

Process and analyze your content to provide the Service
Store your content securely in your iCloud account
Create anonymized, aggregated data for service improvement

6.3 Content Responsibility

You are solely responsible for your User Content. We do not endorse or verify the accuracy of User Content.

7. Intellectual Property

7.1 Our Property

The App, including its design, features, code, graphics, and content created by us, is owned by TheMattLabs Ltd and protected by intellectual property laws.

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial educational purposes, subject to these Terms.

7.3 Restrictions

You may not:

Copy, modify, or distribute the App or its content
Use our trademarks without permission
Create derivative works based on the App

8. Third-Party Services

The App uses third-party services including:

Apple iCloud for data storage and sync
OpenAI for document analysis
Firebase for authentication

Your use of these services is subject to their respective terms and privacy policies.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR COMPLETENESS OF CONTENT

We do not warrant that the App will be uninterrupted, error-free, or secure. The educational analysis provided by the App is for informational purposes only and should not replace professional educational assessment.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEMATTLABS LTD SHALL NOT BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, data, or goodwill
Any damages exceeding the amount you paid us in the 12 months preceding the claim

Some jurisdictions do not allow limitations on implied warranties or liability, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless TheMattLabs Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

Your use of the App
Your violation of these Terms
Your violation of any third-party rights
Your User Content

12. Termination

12.1 By You

You may terminate your account at any time by deleting your account through the App settings or contacting us.

12.2 By Us

We may suspend or terminate your account if you:

Violate these Terms
Engage in fraudulent or illegal activity
Fail to pay applicable fees

12.3 Effect of Termination

Upon termination:

Your right to use the App ceases immediately
We may delete your account data (subject to our Privacy Policy)
Provisions that should survive termination will remain in effect

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via:

In-app notification
Email (if provided)
Prominent notice on our website

Your continued use of the App after changes become effective constitutes acceptance of the revised Terms.

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through:

Good faith negotiation between the parties
If negotiation fails, mediation in London, England
If mediation fails, the courts of England and Wales shall have exclusive jurisdiction

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

16. Contact Us

If you have questions about these Terms, please contact us:

TheMattLabs Ltd

Email: legal@getupmark.com

Website: https://getupmark.com

These Terms of Service were last reviewed on December 3, 2025. Version 1.0