Mark Maker — Terms of Service

Effective date: 24 August 2026 Last updated: 24 August 2026

These Terms of Service ("Terms") are an agreement between you and Gabriel Katz, trading as Mark Maker ("Mark Maker", "we", "us", "our"), based in Johannesburg, South Africa. They govern your use of the Mark Maker website and application at markmaker.co.za (the "Service").

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Service.

We review and update these Terms from time to time. When we make material changes we'll update the "Last updated" date and, where appropriate, notify you. The version published here is the one that currently applies; continuing to use the Service after an update means you accept the revised Terms.

1. What Mark Maker does

Mark Maker helps teachers generate CAPS/IEB-aligned test papers, marking memoranda and related materials using artificial intelligence. You give it a subject, grade and topic (and optionally your own source material), and it produces a draft paper and memo for you to review, edit and use.

2. Who may use it

• You must be 18 or older to create an account, or have the consent and supervision of a parent, guardian or teacher.
• The Service is intended for teachers and educators, and for students using it for their own learning. If a learner under 18 uses the Service, a parent, guardian or their school must consent (see the Privacy Policy).
• You're responsible for keeping your login details secure and for everything that happens under your account. Tell us promptly if you think your account has been compromised.
• One account is for one person. Don't share your login, and don't create an account using false information.

3. AI-generated content — you must review it before you use it

This is important, so please read it.

• Mark Maker's papers and memos are generated by artificial intelligence and are drafts. They can contain mistakes — including incorrect answers, calculations that don't reconcile, mislabelled diagrams, or content that isn't perfectly aligned to the curriculum.
• You are responsible for checking every paper and memo before you use it with learners or for assessment. Treat the output as a starting point that a teacher reviews and corrects, not a finished, guaranteed-correct product.
• We do not warrant that the output is accurate, complete, curriculum-compliant, or fit for any particular assessment. Professional judgement remains yours.
• Where the Service flags a possible problem with a generated paper (for example, a warning that a paper may need checking or regenerating), please act on it.

4. Your content and the papers you generate

• Your inputs. You keep ownership of the topics, notes and source material you provide. You confirm you have the right to use anything you upload, and that it doesn't infringe anyone else's rights or contain unlawful material. Don't paste sensitive personal information about identifiable people unless you have a lawful basis to.
• Generated papers. Subject to your compliance with these Terms and payment of any applicable fees, you may use the papers and memos you generate for your own teaching, assessment and educational purposes, including with your learners.
• What you may not do with them. You may not resell, sublicense, or distribute the generated content as a commercial product or database, or use it to build or train a competing service.
• The platform itself — the software, design, prompts, and Mark Maker name and branding — remains our property. Nothing here transfers ownership of the Service to you.

5. Acceptable use

You agree not to: - use the Service for anything unlawful, or to produce content that is unlawful, harmful, or infringes others' rights; - attempt to bypass, game or interfere with usage allowances, credit metering, billing, or access controls; - scrape, copy, reverse-engineer, or resell the Service, or access it by automated means except as we permit; - share, resell or transfer your account or access; or - disrupt or attempt to gain unauthorised access to the Service, its infrastructure, or other users' accounts or data.

We may suspend or close accounts that breach these Terms.

6. Plans, credits and payment

• The Service offers free and paid plans. Paid plans give you a monthly allowance of credits (or equivalent capacity) used when you generate papers; specifics are shown on the pricing page at the time you subscribe.
• Payments are processed by our payment provider, Paystack. By subscribing you also agree to Paystack's terms. We don't store your card details.
• Auto-renewal. Paid subscriptions renew automatically at the end of each billing period at the then-current price, using your saved payment method, until you cancel. Annual plans renew annually; monthly plans renew monthly.
• Price changes. We may change prices or plan features; we'll give reasonable notice, and changes take effect from your next renewal.
• Allowances. Credits and allowances are for use within your plan and, except where expressly stated (for example, any carry-over we offer), don't accumulate indefinitely or convert to cash.

7. Cancellation and refunds

You can cancel at any time from your account settings. When you cancel, you keep access until the end of your current paid month — we don't cut you off partway through a month you've paid for.

The principle behind our refunds is simple: we charge for the months you've used and refund the months you haven't. Applied to each plan:

• Monthly plans: cancelling stops all future charges. The current month has already been used, so it isn't refunded, and you keep access until the end of it.
• Annual plans — 30-day change-of-mind: within 30 days of starting an annual plan you may request a refund. We refund the annual payment less the months already used, charged at the standard monthly rate. After 30 days the annual payment is non-refundable and the plan simply runs to the end of its term.

Further refunds. If something has genuinely gone wrong beyond the situations above, email us at support@markmaker.co.za with a clear reason, and we'll consider a further full or partial refund at our discretion — on the same basis of charging only for the months you've actually used and refunding the rest. Because Mark Maker offers a free tier, and because subscribing takes several deliberate steps, an accidental or mistaken purchase is very unlikely — so we do ask for a proper reason before issuing a discretionary refund.

Cooling-off (electronic transactions). The Electronic Communications and Transactions Act gives you a 7-day right to cancel certain electronic transactions. This right falls away once a service has begun with your agreement — and because subscribing gives you immediate access to Mark Maker, by subscribing you agree that the Service begins right away. So: if you subscribe but have not yet used the Service, contact us within 7 days and we'll refund you in full; if you've already started using it, the used/unused refund terms above apply.

Statutory rights. Nothing in this section limits any rights you have under South African consumer law — including the Consumer Protection Act and the ECT Act — that cannot lawfully be excluded.

8. Third-party services

The Service relies on third parties — including Paystack (payments), Supabase (database and authentication), Anthropic (AI generation) and Resend (email). Your use of the Service may be subject to their terms, and we're not responsible for their acts or omissions beyond our own reasonable control. See the Privacy Policy for how your information is handled across these providers.

9. Availability

We work to keep the Service available and reliable, but we provide it "as is" and "as available." We don't guarantee it will be uninterrupted, error-free, or that generation will always succeed, and we may change, suspend or discontinue features. We'll try to give notice of significant changes where practical.

10. Disclaimers and limitation of liability

• To the fullest extent the law allows, we exclude implied warranties and don't warrant that the Service or its output will be accurate, error-free, or fit for a particular purpose (see clause 3).
• To the fullest extent the law allows, our total liability to you for any claim arising out of or relating to the Service is limited to the amount you paid us in the 12 months before the claim, and we're not liable for indirect, incidental or consequential loss, or loss of profits, data or goodwill.
• These limits do not apply to liability that cannot lawfully be excluded or limited under South African law (for example, certain rights under the Consumer Protection Act), or to our liability for death or personal injury caused by our negligence, or for fraud.

11. Indemnity

You agree to indemnify us against reasonable claims, losses and costs arising from your breach of these Terms, your misuse of the Service, or content you upload that infringes someone's rights or breaks the law — to the extent permitted by law.

12. Suspension and termination

• You can stop using the Service and close your account at any time from your account settings.
• We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Service or other users. Where reasonable, we'll give notice and an opportunity to fix the problem.
• On termination, clauses that by their nature should survive (ownership, disclaimers, liability limits, governing law) continue to apply.

13. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. You agree to the jurisdiction of the South African courts. Before going to court, please contact us first so we can try to resolve the matter directly.

14. Contact

Gabriel Katz, trading as Mark Maker Johannesburg, South Africa support@markmaker.co.za