Terms of Service

Effective date: 8 June 2026
Last updated: 12 August 2026

The short version (plain language)

These terms are a contract between you and gettopmarks, an Australian business.
gettopmarks is an AI study tool, not a guarantee of exam results. AI answers can be wrong — always check your work.
If you are under 18, a parent or guardian must agree to these terms and supervise your use.
The Pro plan is a paid, auto-renewing subscription (AED 129/month or AED 1,084/year) with a 3-day free trial. You can cancel anytime; renewal stops at the end of the current term.
You keep ownership of the notes and files you upload; you give us permission to process them to run the Service.
Don't upload material you have no right to, don't share accounts outside your household (except a supervising parent or guardian), and don't use the Service to cheat.
Nothing in these terms removes rights you have under the Australian Consumer Law that cannot be excluded.

This summary is for convenience only; the full terms below govern.

About these terms
Eligibility and minors
Your account
The Service
Subscriptions, free trial and billing
Cancellation, refunds and consumer rights
Acceptable use
Your content and licence to us
Our intellectual property
AI outputs and academic integrity
Third-party services
Disclaimers
Limitation of liability
Indemnity
Suspension and termination
Changes
Governing law and disputes
General
Contact

1. About these terms

These Terms of Service ("Terms") are a legal agreement between you and Gettopmarks (ABN 37 188 224 297), an Australian business ("gettopmarks", "we", "us"), governing your use of gettopmarks.com and our service (the "Service").

By creating an account, starting a subscription, or using the Service, you (and, for a minor, the supervising parent or guardian) agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

By using the Service, you also consent to receive service-related communications from us electronically (for example, by email or in-app notices), such as account verification, billing, security alerts, and important changes to these Terms or our Privacy Policy.

2. Eligibility and minors

The Service is designed for students preparing for IGCSE, A-Level and IB exams, many of whom are under 18.

Parental consent and supervision. If you are under 18 (or the age of legal majority where you live), a parent or legal guardian must read and agree to these Terms, create or approve the account, accept responsibility for activity and charges, and supervise use. By allowing a minor to use the Service, the parent or guardian confirms they have authority to agree on the minor's behalf. In practice, this usually means a shared account that the parent or guardian may log into to oversee the student's use.
Accounts for students. A parent or guardian may create and manage an account for a student of any school age. If you are under 18, you must not create an account without a parent or guardian's involvement and acceptance of these Terms.
The parent or guardian who manages or pays for an account is responsible for the student's compliance with these Terms.

3. Your account

You agree to provide accurate information, keep your login credentials secure, and notify us promptly at hello@gettopmarks.com of any unauthorised use.

You are responsible for all activity under your account. You may share login credentials with a parent or legal guardian who supervises your use of the Service, but you must not share your account with unrelated third parties, resell access, or allow others outside your household to use your account.

Creating multiple accounts for the same person to evade trial limits, pricing, restrictions or enforcement of these Terms is prohibited and may result in suspension or termination of all related accounts.

4. The Service

gettopmarks provides AI-assisted study tools for IGCSE, A-Level and IB preparation, including:

AI Tutor — a chat-based tutor with switchable styles (guided, direct, Socratic, casual), grounded in exam-board and mark-scheme language;
Study Sets — generation of flashcards, MCQs, summaries and practice tests from materials you upload or paste (PDF, DOCX, PPTX, JPG, PNG, TXT);
Solve — step-by-step worked solutions to questions you type, photograph or upload.

We may add, change, limit or remove features at any time. We may apply fair usage limits on certain features to keep the Service reliable and educational. We aim for high availability but do not guarantee the Service will be uninterrupted or error-free.

5. Subscriptions, free trial and billing

Plans and pricing

Paid access is offered via the Pro plan at:

AED 129 per month (monthly billing); or
AED 1,084 per year (annual billing — equivalent to AED 90/month, a 30% discount compared with 12 monthly payments).

Prices are shown in UAE Dirhams (AED) at checkout. Current prices are also displayed on our website and may change on notice for future billing terms.

Free trial

New eligible subscribers may receive a 3-day free trial. Before you start the trial, we tell you:

the date the trial ends;
the price you will be charged after the trial;
the billing frequency (monthly or annual); and
how to cancel before you are charged.

Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription and the first charge will apply at the end of the trial. Each person is eligible for one free trial (we track this by email address and billing history).

Auto-renewal

Subscriptions renew automatically at the end of each billing term (monthly or annual) at the then-current price, until cancelled. By subscribing, you authorise us and our payment processor to charge your payment method for each renewal.

We will give you reasonable notice of any price change before it takes effect on a future renewal.

Payment

Payments are processed by Stripe. You authorise the relevant charges and confirm you are permitted to use the payment method provided. Stripe's handling of payment data is subject to Stripe's own terms and privacy policy.

Prices are shown in AED at checkout. Unless stated otherwise at checkout, you are responsible for any applicable taxes, duties or levies required by your jurisdiction.

Clear, up-front disclosure

Consistent with the Australian Consumer Law, we disclose the trial-to-paid conversion, the renewal price, the billing frequency and the cancellation method clearly and conspicuously before you subscribe — including at checkout — not only in these Terms.

6. Cancellation, refunds and consumer rights

Cancellation

You may cancel anytime:

from Settings → Manage billing, which opens the Stripe Customer Billing Portal where you can cancel your subscription; or
by deleting your account in Settings (which also cancels any active subscription).

Cancellation stops the next renewal. You keep access until the end of the current paid term (or until the trial ends if you cancel during a trial). Cancelling is designed to be as easy as subscribing.

Refunds

Except where required by the Australian Consumer Law or other applicable law that cannot be excluded:

we do not offer refunds for change of mind;
cancelling stops future charges but does not automatically refund the current billing period; and
if you do not want to be charged, cancel before your free trial ends.

If you believe you are entitled to a remedy under the Australian Consumer Law (for example, because the Service failed to meet a consumer guarantee), contact us at hello@gettopmarks.com.

Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms limits any right or remedy you have under the ACL that cannot lawfully be excluded. For major failures, you may be entitled to a refund or compensation; for minor failures, we will remedy the issue within a reasonable time.

7. Acceptable use

You agree not to:

upload or share content you do not have the right to use, or that infringes others' intellectual property or privacy;
upload unlawful, harmful or inappropriate material;
share, resell or provide access to your account to others except a parent or legal guardian who supervises your use as permitted in Section 3;
attempt to reverse-engineer, scrape, overload or interfere with the Service or its security;
use the Service to break exam-board rules or to commit academic dishonesty (see Section 10);
use automated means to access the Service except as we expressly permit.

We may review content where necessary to operate the Service, respond to support requests or investigate suspected abuse, and may remove or restrict access to content that violates these Terms. We do not currently operate automated content moderation or parent alert systems unless we tell you otherwise.

We may suspend or terminate access for breach of this section (see Section 15).

8. Your content and licence to us

You retain ownership of the notes, files, questions and other materials you upload ("Your Content").

You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, process and transmit Your Content solely to operate and provide the Service to you — including sending it to our AI provider (Google Gemini) to generate responses. This licence ends when you delete Your Content or close your account, except for copies we must retain by law or in routine backups for a limited period.

You confirm you have the rights needed to upload Your Content and to grant this licence.

We do not use Your Content to train our own AI models. Content is processed through Google's Gemini API under Google's Gemini API terms.

9. Our intellectual property

The Service, including its software, design, text, branding and the "gettopmarks" name and logo, is owned by us or our licensors and protected by law.

We grant you a personal, non-transferable, non-exclusive right to use the Service for your own studies while these Terms are in force. You may not copy, modify, distribute or create derivative works from the Service except as allowed by law.

If you send us suggestions, ideas or feedback about the Service, you grant us the right to use that feedback without restriction or compensation to you, to the extent permitted by law.

10. AI outputs and academic integrity

Educational support only

Responses, study sets and solutions are generated by AI to support your learning. They may be incomplete or incorrect — AI can produce confident but wrong answers (sometimes called "hallucinations"). You must verify outputs before relying on them in exams, coursework or assessments.

They are not a guarantee of any exam grade or result. Always check outputs against your syllabus, mark scheme and teacher's guidance. The Service is not official exam-board, school or teacher advice and is not a substitute for teachers, schools or official exam-board materials.

No guaranteed results

Any references on our website or marketing materials to grade improvements or similar outcomes reflect experiences of other users and are not promises of similar results for you. Past performance does not guarantee future results.

Academic honesty

You are responsible for using the Service in line with your school's and exam board's academic-integrity rules. Do not submit AI outputs as your own original work where that is prohibited.

11. Third-party services

The Service relies on third parties, including:

Google (Gemini) — AI processing;
Stripe — payments;
Supabase — authentication and data storage;
Vercel — hosting, web analytics and speed insights;
Google / Apple — optional sign-in.

Your use of features powered by third parties may also be subject to their terms. We are not responsible for third-party services we do not control.

12. Disclaimers

To the maximum extent permitted by law (and subject to Section 6 and the Australian Consumer Law), the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose.

We do not warrant that the Service will meet your requirements or be uninterrupted, secure or error-free, or that AI outputs will be accurate or complete.

13. Limitation of liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (or any other liability that cannot lawfully be excluded).

Where we are entitled to limit liability for a failure to comply with a consumer guarantee in relation to services not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to re-supplying the services or paying the cost of re-supplying the services.

Otherwise, to the maximum extent permitted by law:

we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of grades, exam results, data, profits or opportunity; and
our total aggregate liability arising out of or relating to the Service will not exceed the total amount you paid us for the Service in the 12 months immediately before the event giving rise to the claim (or AUD $100 if you have not paid us anything).

14. Indemnity

To the extent permitted by law, you agree to indemnify us against claims, losses and costs arising from your breach of these Terms, your misuse of the Service, or Your Content infringing a third party's rights.

15. Suspension and termination

We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users.

You may stop using the Service and close your account at any time from Settings. Account deletion cancels any active subscription and deletes or de-identifies your personal information as described in our Privacy Policy, except where we must retain data by law or in routine backups for a limited period.

Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability and governing law) will survive.

16. Changes

We may update these Terms or the Service. We will post the updated Terms with a new "Last updated" date and, for material changes, take reasonable steps to notify you (for example, by email or in-app notice).

Continued use after changes take effect means you accept the updated Terms. If you do not agree, you should stop using the Service and cancel your subscription.

17. Governing law and disputes

Informal resolution first. If you have a dispute with us, please contact us at hello@gettopmarks.com first so we can try to resolve it promptly and informally.

These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.

We do not require binding arbitration or class-action waivers.

Users in the UAE and elsewhere

If you access the Service from the United Arab Emirates or another country outside Australia:

these Terms are still governed by Victorian law as stated above;
you may also have local consumer or data-protection rights under the laws of your country (for example, the UAE PDPL), which nothing in these Terms excludes where they cannot lawfully be excluded; and
enforcing a judgment or resolving a dispute may involve cross-border legal processes.

18. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between us regarding the Service.
Severability. If a provision is unenforceable, the rest remains in effect.
No waiver. Failure to enforce a term is not a waiver of it.
Assignment. You may not assign these Terms without our consent. We may assign them in connection with a business transfer.
Force majeure. We are not liable for failures caused by events beyond our reasonable control.
Notices. We may give notices via the Service or to your registered email address.

19. Contact

Gettopmarks (ABN 37 188 224 297)
32 Stonewood Circuit, Hadfield VIC 3046, Australia

Support: hello@gettopmarks.com