Welcome to REDMARKER. These Terms of Service ("Terms") govern your access to and use of the REDMARKER mobile application and related services (collectively, the "Service"). By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By accessing or using REDMARKER, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and REDMARKER.

If you are using the Service on behalf of an organisation, school, or educational institution, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Description of Service

REDMARKER is a mobile application that uses artificial intelligence (AI) to process and validate math worksheets. The Service:

• Processes images of math worksheets using AI technology
• Identifies and validates math problems and student answers
• Groups worksheets by student name and class (if detected)
• Tracks progress and generates statistics
• Stores data locally on your device

3. Eligibility and Account

3.1 Age Requirements

The Service is intended for use by parents, teachers, tutors, and educational professionals. You must be at least 18 years old to use the Service. If you are under 18, you may only use the Service with the supervision and consent of a parent or guardian who agrees to be bound by these Terms.

3.2 Account and Token

The Service uses an anonymous token system for identification. This token is generated locally on your device and is not linked to personal information. You are responsible for maintaining the security of your device and any data stored thereon.

4. User Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service to process any content that is illegal, harmful, threatening, abusive, or violates any applicable law
• Upload or process content containing malware, viruses, or other harmful code
• Attempt to reverse engineer, decompile, or disassemble the Service
• Interfere with or disrupt the Service or servers connected to the Service
• Use automated systems (bots, scripts) to access the Service without authorization
• Share your token or allow unauthorized access to your account
• Use the Service for any commercial purpose not expressly authorized by REDMARKER

5. Subscriptions and Payments

5.1 Subscription Tiers

REDMARKER offers different subscription tiers with varying usage limits:

• Free Tier: Limited number of worksheets per month
• Premium Tier: Higher usage limits with additional features

5.2 Payment Terms

• Subscription fees are charged in advance on a monthly or annual basis
• Payments are processed through third-party payment processors (Apple App Store, Google Play Store)
• All fees are non-refundable except as required by law or as stated in these Terms
• Subscription prices may change, but price increases will not apply to your current subscription period

5.3 Credit Purchases

You may purchase credits ("top-ups") to process additional worksheets. Credits are valid indefinitely and do not expire. Credits are non-refundable except as required by law.

5.4 Auto-Renewal

Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current period. You can manage and cancel subscriptions through your device's app store settings.

5.5 Refund Policy

Refunds are governed by the policies of the app store from which you purchased the subscription (Apple App Store or Google Play Store). Please contact the appropriate app store for refund requests. REDMARKER does not process refunds directly.

6. AI Processing and Accuracy

6.1 AI Technology

The Service uses third-party AI technology, including OpenAI's GPT-4o Vision API, to process worksheet images. While we strive for accuracy, AI processing may not be 100% accurate.

6.2 No Guarantee of Accuracy

REDMARKER does not guarantee the accuracy of AI-generated results. You are responsible for reviewing and verifying all results. The Service is intended to assist with checking worksheets, not to replace professional judgment or educational oversight.

6.3 Manual Corrections

The Service provides functionality to manually correct AI results. You are encouraged to review and correct any errors in the AI processing.

7. Intellectual Property

7.1 Our Rights

The Service, including its design, features, functionality, and content, is owned by REDMARKER and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

7.2 Your Content

You retain all rights to worksheet images and other content you upload or process through the Service. By using the Service, you grant REDMARKER a limited, non-exclusive license to process your content solely for the purpose of providing the Service.

7.3 Third-Party Technology

The Service uses third-party technology and services, including but not limited to OpenAI. Your use of such technology is subject to the terms and conditions of those third parties.

8. Data Storage and Privacy

Worksheet images and processing results are stored locally on your device. We store minimal metadata (subscription tier, usage counts, credit balances) on our servers. Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

8.1 Your Data Protection Responsibilities

When using the Service to process student data (including student names, class information, and academic work), you acknowledge and agree that:

• You are a Data Controller: You act as a data controller under GDPR and similar data protection laws because you determine the purposes and means of processing student data for your own educational purposes.
• Compliance Obligations: You are solely responsible for ensuring your use of the Service complies with all applicable data protection laws, including but not limited to GDPR, COPPA, FERPA, and local educational data privacy regulations.
• Consent and Legal Basis: You must obtain all necessary consents from parents/guardians or establish a legitimate legal basis for processing student data before using the Service.
• Data Subject Rights: You are responsible for responding to requests from data subjects (students, parents, guardians) regarding their personal data, including requests for access, rectification, erasure, and data portability.
• Data Breach Notification: You are responsible for notifying relevant authorities and affected individuals if a data breach occurs involving data under your control.
• Data Retention: You are responsible for determining appropriate retention periods for student data and deleting data when no longer needed or when requested by data subjects.

8.2 Joint Controller Relationship

REDMARKER and you act as joint controllers under GDPR with respect to personal data processed through the Service. While REDMARKER is responsible for the technical processing and infrastructure aspects, you are responsible for the educational and administrative aspects of data processing. Please refer to our Privacy Policy for detailed information about our respective responsibilities.

8.3 Educational Institutions

If you are using the Service on behalf of a school, educational institution, or organization, you represent and warrant that:

• You have the authority to bind the institution to these Terms
• Your use of the Service complies with all applicable educational data privacy laws and institutional policies
• You have obtained all necessary consents and authorizations required for processing student data
• You will enter into a Data Processing Agreement with REDMARKER if required by law or institutional policy

Contact us at support@redmarker.app to discuss institutional data processing arrangements and Data Processing Agreements.

8.4 Indemnification for Data Protection Violations

You agree to indemnify, defend, and hold harmless REDMARKER from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your failure to obtain necessary consents or establish a legal basis for processing student data
• Your violation of applicable data protection laws in your use of the Service
• Your failure to respond appropriately to data subject requests
• Any data breach or unauthorized access to data under your control

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REDMARKER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any errors or inaccuracies in the AI processing
• Any unauthorized access to or use of your device or data
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or other harmful code transmitted through the Service

IN NO EVENT SHALL REDMARKER'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO REDMARKER IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

REDMARKER DOES NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected

11. Indemnification

You agree to indemnify, defend, and hold harmless REDMARKER, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you upload or process through the Service

12. Termination

12.1 Termination by You

You may stop using the Service at any time by deleting the application from your device. You may cancel your subscription through your device's app store settings.

12.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

12.3 Effect of Termination

Upon termination, all local data stored on your device will remain there until you delete it. We will delete your account metadata (subscription tier, usage counts) from our servers within a reasonable time after termination.

13. Modifications to Service and Terms

REDMARKER reserves the right to modify or discontinue the Service, or any part thereof, with or without notice. We also reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last Updated" date.

Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which REDMARKER operates, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiation. If a dispute cannot be resolved through negotiation, it shall be subject to the exclusive jurisdiction of the courts in the applicable jurisdiction.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and REDMARKER regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

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

• Email: support@redmarker.app
• Response Time: We typically respond within 24 hours