Markly Privacy Policy →

Terms of Service

These terms are an agreement between you and [OPERATOR LEGAL NAME] (ABN [ABN]), trading as Markly ("Markly", "we", "us"). By creating an account or using Markly, you accept them. If you don't agree, please don't use the service.

1. The service

Markly is a planning and diagnostics tool for tutors of Australian senior-secondary students. It helps you identify where a student loses marks, build teaching plans, generate diagnostic tests, quizzes and homework from Markly's question banks, and share progress with parents and students through their own portals. Markly supports your tutoring — it does not provide tutoring, educational advice or academic results itself, and it does not guarantee any improvement in any student's marks.

2. Accounts

• You must be at least 18 and provide accurate account information.
• You're responsible for keeping your login credentials secure and for all activity on your account.
• Parent and student portal access exists only through codes you issue; you're responsible for issuing them to the right people.
• One account per tutor. Agency and multi-tutor arrangements need a separate agreement with us.

3. Subscriptions, billing and cancellation

• Paid plans are billed in advance at the price shown when you subscribe, and renew automatically each billing period until you cancel.
• You can cancel at any time in the app or by emailing us; cancellation takes effect at the end of the current billing period, and you keep access until then.
• We'll give you at least 30 days' notice by email before any price increase takes effect. If you don't want to continue at the new price, cancel before your next renewal.
• Except where the Australian Consumer Law or these terms provide otherwise, fees already paid are not refundable. Nothing in these terms excludes, restricts or modifies any consumer guarantee or other right you have under the Competition and Consumer Act 2010 (Cth) that cannot lawfully be excluded. If the service fails to meet a consumer guarantee, you are entitled to the remedies the law provides.

4. Your responsibilities as a tutor

• Consent for student data. Before entering any student's information into Markly, you warrant that you have consent from the student's parent or guardian (or from the student, if they are an adult). We recommend using de-identified student codes rather than full names.
• Child safety. You are solely responsible for complying with the child-safety laws that apply to your tutoring — including holding a valid Working With Children Check (or your state's equivalent) where required. Markly is a software tool and does not vet, endorse or supervise tutors.
• Accuracy. You're responsible for reviewing anything you send to a student or parent through Markly.
• Your tutoring business. Your relationship with your students and their families — fees, scheduling, conduct, outcomes — is entirely between you and them.

5. Intellectual property and the question-bank licence

Markly — including its software, design, question banks, diagnostic tests, templates and generated documents — is owned by us and protected by copyright. While you hold an active subscription, we grant you a personal, non-exclusive, non-transferable licence to:

• use Markly for your own tutoring business; and
• generate, print and give Markly materials (tests, quizzes, homework, reports) to your own enrolled students and their families.

You must not:

• copy, extract, scrape or download question banks in bulk, by any means;
• republish, sell, licence, share or distribute Markly questions or materials to anyone other than your own students — including on other websites, marketplaces, or to other tutors;
• use Markly content to build, train or seed a competing product or question bank; or
• remove copyright or branding notices from generated materials.

This licence ends when your subscription ends. Materials you've already printed and given to your own students may stay with them. Content you create yourself in Markly (your session notes, your own comments and plans) remains yours; you grant us a licence to store and process it solely to provide the service.

6. AI-drafted content

• Some features use AI to draft documents (lesson plans, parent updates, suggested scores from homework photos). These are drafts for your review — you must check them before use, and nothing reaches a parent or student without your approval.
• AI output can contain errors. We don't warrant the accuracy, completeness or syllabus alignment of any AI-drafted content, and it is not educational, legal or professional advice.
• AI usage may be subject to fair-use limits or daily caps shown in the app.

7. Acceptable use

You must not: use Markly for anything unlawful; upload content that infringes others' rights or is harmful; attempt to access other tutors' data; probe, disable or circumvent security or usage limits; reverse-engineer the service; or resell access to it. We may suspend accounts that put the service or other users' data at risk.

8. Availability and changes

We work to keep Markly available and fast, but we don't promise uninterrupted or error-free operation. We may improve, change or discontinue features; if we make a change that materially reduces what you're paying for, you may cancel and we'll refund the unused portion of your current billing period.

9. Third-party services

Markly relies on third-party providers — including Supabase (data hosting), Anthropic (AI drafting), a payment processor, and Desmos (graph rendering). Their availability affects ours. Our Privacy Policy explains what data they handle.

10. Liability

To the extent permitted by law (and always subject to your non-excludable Australian Consumer Law rights):

• our total liability to you for any claim connected with the service is limited to the amount you paid us in the 12 months before the claim arose;
• we are not liable for indirect or consequential loss — including loss of profits, business, data (where you failed to use available backup features), or academic outcomes; and
• where a consumer guarantee applies and liability can be limited, it is limited to re-supplying the service or paying the cost of re-supply.

You indemnify us against claims arising from your breach of section 4 (including entering a student's information without consent) or section 5 (misuse of Markly content), except to the extent we caused the loss.

11. Termination

• You can close your account at any time.
• We can suspend or terminate your account for a material breach of these terms — for serious breaches (like bulk-copying the question bank) immediately; otherwise after notice and a reasonable chance to fix the problem.
• After closure you have 30 days to export your data, after which we delete it as described in the Privacy Policy. Sections 5, 10 and 13 survive termination.

12. Changes to these terms

We may update these terms. For material changes we'll give account holders at least 30 days' notice by email or in-app notice; continuing to use Markly after the change takes effect means you accept it. If you don't accept a change, cancel before it takes effect and we'll refund the unused portion of your current billing period.

13. General

These terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of its courts. If part of these terms is unenforceable, the rest still applies. Our failure to enforce a right isn't a waiver of it. You may not assign this agreement without our consent; we may assign it as part of a business restructure or sale, with notice to you. These terms, together with the Privacy Policy, are the entire agreement between us about the service.

14. Contact

[OPERATOR LEGAL NAME] (ABN [ABN]) trading as Markly
Email: [CONTACT EMAIL]
Location: New South Wales, Australia