Terms of Service

1. Scope and Provider

These Terms apply to all use of the MarkInMinutes platform. The service is provided by:

2. Service Description & AI Disclaimer

MarkInMinutes provides an AI-powered grading assistance platform. Users can upload documents ('Submissions') to receive automated analysis, feedback, and grading suggestions. We store and process your uploaded files to provide these services.

• AI-assisted analysis is for support purposes only.
• Feedback is generated based on provided rubrics and AI interpretation.
• We process PDF, DOCX, XLSX, PPTX, and code files.
• Hosted on secure cloud infrastructure (Vercel, Railway, Supabase).
• Access is provided on a subscription basis.

3. Registration and User Responsibility

You must be at least 18 years old to create an account. By registering, you agree to:

• Provide accurate and complete information.
• Maintain the security of your credentials.
• Use the account for professional/educational purposes only.
• Notify us of any security breaches immediately.

4. Data Rights & Student Privacy

You retain all rights to the content you upload. However, by uploading content, you guarantee that:

• You have obtained all necessary consents (e.g., from students or parents) or have a valid legal basis (e.g., legitimate interest, public task) to process and upload the data.
• You have anonymized personal data where required by your local laws or institution's policies.
• Your use of the service complies with all applicable privacy laws (e.g., GDPR, FERPA).

5. Subscription and Payment

Services are billed in advance on a recurring basis.

Cancellation

Cancel anytime via account settings. Access continues until the end of the billing period. No partial refunds for unused time.

6. Refund Policy

Please review our Refund Policy for details on refunds and cancellations. The Refund Policy is incorporated into these Terms by reference.

7. Acceptable Use

You strictly agree NOT to:

• Upload illegal content or violate privacy laws.
• Use the service for academic dishonesty or contract cheating.
• Interfere with the platform's security or performance.
• Reverse engineer, scrape, or copy our AI models or interface.
• Resell or sub-license the service.
• Bypass usage limits or payment systems.

8. Intellectual Property

Libaty GmbH retains all rights to the platform, code, and AI methodology.

You retain rights to your uploads. You grant us a worldwide, non-exclusive license to process your uploads solely for providing the service and improving our systems (unless opted out via DPA/Enterprise terms).

9. Indemnification

You agree to indemnify, defend, and hold harmless Libaty GmbH, its officers, and employees from any claims, damages, or legal fees arising from: (a) your violation of these Terms; (b) your failure to obtain necessary consents for uploaded data; (c) any claim by a third party (including students) related to your use of the service.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE GRADING WILL BE ERROR-FREE OR THAT THE SERVICE WILL BE UNINTERRUPTED.

11. Limitation of Liability

To the fullest extent permitted by law, Libaty GmbH shall NOT be liable for:

• Indirect, incidental, special, or consequential damages.
• Any academic or professional consequences of grading decisions.
• Failures of third-party AI providers (e.g., Anthropic, Google).

Our total liability is limited to the amount you paid us in the 12 months preceding the claim.

12. Termination

You may stop using the service at any time.

We may terminate your access immediately for violation of these Terms, illegal use, or non-payment.

Provisions regarding Indemnification, Liability, and IP survive termination.

13. Changes to Terms

We may modify these Terms at any time. Continued use constitutes acceptance of the new Terms.

14. Governing Law & Jurisdiction

These Terms are governed by German law. The exclusive jurisdiction for all disputes is Offenbach am Main, Germany.

15. Dispute Resolution

We aim to resolve disputes amicably. Contact us at info@markinminutes.com.

EU Online Dispute Resolution: https://ec.europa.eu/consumers/odr/

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17. Contact

For legal inquiries:

Email: info@markinminutes.com