Terms of Service
Last updated: 19 October 2025
Agreement to Terms
By downloading, installing, or using Marksmith Pro, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the software.
License Grant
Free Version
You may download and use the free version of Marksmith Pro for evaluation purposes. The free version includes all features but adds a "Free Version" label to all outputs.
Individual License (£15)
Upon purchase, you are granted a non-exclusive, non-transferable, perpetual license to use Marksmith Pro for personal professional use. Your license includes:
- Lifetime use of the software
- Installation on multiple devices you personally use
- All future updates and features
- Removal of "Free Version" label
Restrictions: Individual licenses may not be shared, redistributed, or used by multiple people.
School License
School licenses permit use by multiple teachers within a single educational institution. Terms are negotiated individually based on institution size and needs. Contact support@marksmithpro.com for details.
Permitted Use
Marksmith Pro is intended for educational assessment and feedback purposes by qualified teachers and education professionals. You may use the software to:
- Create and apply marking rubrics
- Generate feedback documents for students
- Track student progress and assessment data
- Export assessment data in PDF format
Restrictions
You may NOT:
- Reverse engineer, decompile, or disassemble the software
- Remove or modify any copyright notices or licenses
- Redistribute, resell, or sublicense the software
- Share your license code with others
- Use the software for illegal or unethical purposes
- Attempt to circumvent license activation or validation
Intellectual Property
Marksmith Pro, including its code, design, and documentation, is protected by copyright and other intellectual property laws. All rights not expressly granted in these terms are reserved.
Your Content: You retain all rights to the assessment data, rubrics, and comments you create using Marksmith Pro. We do not claim ownership of your content.
Refund Policy
We offer a 30-day money-back guarantee. If you are not satisfied with Marksmith Pro for any reason, contact support@marksmithpro.com within 30 days of purchase for a full refund.
After receiving a refund, you must stop using the software and delete all copies.
Updates and Support
Updates: Your license includes free updates for life. We may release bug fixes, new features, and improvements at any time.
Support: Email support is provided on a best-effort basis. While we aim to respond within 24 hours during term time, response times may vary.
No Guarantee: We do not guarantee specific response times, update schedules, or feature implementations.
Disclaimer of Warranties
Marksmith Pro is provided "as is" without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that:
- The software will be error-free or uninterrupted
- Defects will be corrected
- The software is free of viruses or harmful components
- Results obtained will be accurate or reliable
Limitation of Liability
To the maximum extent permitted by law, Marksmith Pro and its creator shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising from:
- Your use or inability to use the software
- Any data loss or corruption
- Errors or inaccuracies in the software
- Unauthorized access to or alteration of your data
Our total liability shall not exceed the amount you paid for your license.
User Responsibilities
You are responsible for:
- Maintaining the confidentiality of your license code
- Backing up your assessment data regularly
- Ensuring your use complies with your school's policies
- Complying with data protection regulations (including GDPR if applicable)
- Obtaining necessary permissions before using student data
Data Protection Compliance
As a teacher using Marksmith Pro, you are the data controller for any student information you enter into the software. You are responsible for:
- Ensuring lawful processing of personal data
- Obtaining necessary consent from students/parents if required
- Securing your computer and backups
- Complying with your school's data protection policies
Marksmith Pro stores all data locally on your device. We do not access, process, or store your student data.
Termination
Your license remains valid unless:
- You violate these terms
- You request a refund (within 30 days)
- You materially breach the agreement
Upon termination, you must stop using the software and delete all copies.
Changes to Terms
We may update these Terms of Service from time to time. Significant changes will be communicated via email to license holders. Continued use of the software after changes constitutes acceptance of the new terms.
Governing Law
These terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Contact
Questions about these terms? Contact us:
Email: support@marksmithpro.co.uk
Website: www.marksmithpro.co.uk