Version 1.1 — 26 April 2026

TERMS OF USE

AI Practice Exam and Essay Grading Platform

Effective Date: [Insert Date]
Business Name: [Insert Business Name]
ABN/ACN: [Insert ABN or ACN]
Website / Platform: [Insert Website URL]
Contact Email: [Insert Contact Email]
Governing Law: Victoria, Australia

1. Introduction

These Terms of Use govern your access to and use of our website, application, practice exam system, AI essay grading system, assessment tools, reports, dashboards, feedback, scoring, analytics, and related services.

By creating an account, purchasing a service, starting a practice exam, submitting an essay, uploading content, accepting a checkbox, or otherwise using the Platform, you agree to be bound by these Terms.

If you do not agree with these Terms, you must not use the Platform.

2. Important Notice

The Platform provides practice exams, AI-assisted essay grading, AI-generated feedback, learning support, performance insights, and exam preparation tools.

The Platform does not provide official examination results, admission decisions, school placement decisions, scholarship decisions, migration outcomes, employment outcomes, academic certification, psychological advice, counselling, medical advice, or guaranteed success in any real examination.

The Platform should be used for practice, preparation, learning, self-improvement, and general educational support only.

3. Definitions

In these Terms:

“Platform” means our website, application, exam system, AI essay grading system, dashboards, reports, scoring tools, practice tests, and related services.

“We”, “us”, “our” means [Insert Business Name], its owner, operators, directors, employees, contractors, agents, and service providers.

“User”, “you”, “your” means any person who accesses or uses the Platform, including students, parents, guardians, teachers, tutors, schools, coaching providers, institutions, or exam candidates.

“AI Output” means any score, mark, ranking, grading result, feedback, comments, model answer, improvement suggestion, report, prediction, recommendation, flag, or analysis generated fully or partly by artificial intelligence.

“Practice Exam” means any mock exam, trial exam, simulated exam, practice assessment, essay test, timed test, sample test, or other assessment activity made available through the Platform.

“Submitted Content” means essays, answers, exam responses, rubrics, marking criteria, student information, documents, files, text, prompts, and any other content submitted to the Platform.

4. Nature of the Service

The Platform uses artificial intelligence and automated processing to provide practice exam tools, essay analysis, rubric-based scoring, feedback, and performance insights.

You acknowledge that the Platform is an educational support tool only. Unless expressly agreed in a separate written agreement with an authorised institution, the Platform does not provide official academic assessment, official examination marking, official school placement decisions, or binding certification.

The Platform is designed to assist preparation and learning. It is not a replacement for professional teachers, authorised examiners, school authorities, qualified education consultants, medical professionals, psychologists, counsellors, or other qualified experts.

5. Practice Exam Disclaimer

All exams, essay assessments, mock tests, practice questions, scores, reports, rankings, feedback, model answers, and performance insights provided through the Platform are for practice and preparation purposes only.

You understand and agree that a Practice Exam result must not be treated as a guaranteed prediction of your result in any real examination.

Real exam outcomes may depend on many factors outside our control, including but not limited to your preparation, health, stress level, exam-day performance, time management, official marking standards, examiner judgement, competition level, exam difficulty, institutional policies, and other personal or external circumstances.

6. No Guarantee of Success

We do not guarantee that using the Platform will result in success, selection, admission, ranking, scholarship, qualification, higher marks, improved marks, or any particular outcome in any real examination, school entrance test, competitive exam, interview, academic program, or selection process.

Any feedback, score, ranking, prediction, or recommendation generated by the Platform is provided for learning and practice purposes only.

You must not rely on the Platform as a guarantee of real-world academic performance.

7. AI Essay Grading Disclaimer

The Platform may grade essays and exam responses using AI models without human review.

You acknowledge and agree that AI-generated grading and feedback may contain errors, omissions, inconsistencies, bias, hallucinations, incorrect assumptions, misinterpretations, or results that differ from a human examiner’s judgement.

AI-generated scores may vary depending on the model, rubric, prompt, essay structure, submitted content, system updates, and other technical or contextual factors.

You must not treat any AI Output as final, official, guaranteed, or error-free.

8. Human Review Recommended for Important Decisions

Where an assessment result may affect an important academic, personal, institutional, disciplinary, financial, scholarship, admission, or career-related decision, the AI Output should be independently reviewed by a qualified human reviewer, teacher, tutor, institution, parent, guardian, or authorised decision-maker.

The Platform must not be used as the sole basis for high-impact decisions, including but not limited to:

admission decisions;

scholarship decisions;

school placement decisions;

disciplinary action;

expulsion or suspension;

allegations of cheating or plagiarism;

employment decisions;

migration or visa decisions;

legal claims;

mental health decisions;

financial decisions.

9. User Responsibility

You are responsible for how you use the Platform and how you interpret, rely on, share, or act upon any AI Output.

You agree that you will use the Platform responsibly and understand that practice results are not official results.

You are responsible for checking whether the Platform is suitable for your personal, educational, emotional, health, and exam preparation circumstances.

10. Mental Health and Emotional Wellbeing Warning

Practice exams, essay scores, rankings, feedback, and performance reports may cause stress, disappointment, frustration, anxiety, emotional discomfort, loss of confidence, or other emotional responses.

You acknowledge that exam preparation and assessment feedback can be emotionally challenging.

The Platform is not a medical, psychological, counselling, mental health, crisis-support, or therapeutic service.

We do not diagnose, treat, prevent, monitor, or manage any mental health condition, including but not limited to stress, anxiety, depression, panic attacks, trauma, self-harm risk, suicidal thoughts, or emotional distress.

11. Pre-Existing Health Conditions

If you have any pre-existing physical, psychological, emotional, neurological, or mental health condition, including but not limited to stress, anxiety, depression, panic disorder, trauma, sleep disorder, attention difficulties, or any condition that may be aggravated by exam pressure or assessment feedback, you should carefully consider whether participation is appropriate.

If you feel overwhelmed, distressed, anxious, unwell, unsafe, emotionally unstable, or unable to continue before, during, or after an assessment, you should immediately stop using the Platform and seek support from a parent, guardian, teacher, medical practitioner, counsellor, psychologist, emergency service, or other qualified professional.

If life is in danger in Australia, call 000. Lifeline provides 24/7 crisis support on 13 11 14, and Beyond Blue provides 24/7 support on 1300 22 4636.

12. Assumption of Emotional and Mental Wellbeing Risk

To the maximum extent permitted by law, you accept responsibility for your participation in Practice Exams, AI-based essay assessments, mock tests, score reviews, feedback sessions, performance reports, rankings, and related activities.

You acknowledge that emotional, psychological, academic, behavioural, or personal responses to exam practice or feedback may be influenced by individual circumstances outside our control.

Except where liability cannot lawfully be excluded, we are not responsible for any stress, anxiety, depression, emotional disturbance, loss of confidence, disappointment, panic, mental health deterioration, or other psychological response allegedly arising from participation in a Practice Exam, AI assessment, score, ranking, feedback, report, or Platform activity.

13. Emergency and Crisis Support

The Platform is not suitable for emergency, crisis, or mental health support.

If you feel unsafe, at risk of harm, emotionally overwhelmed, or have thoughts of self-harm or suicide, you must stop using the Platform immediately and contact emergency services, a crisis helpline, a parent, guardian, teacher, doctor, counsellor, psychologist, or other qualified professional.

We are not responsible for monitoring your mental health, emotional condition, safety status, or personal wellbeing during or after use of the Platform.

14. Minors and Parental / Guardian Responsibility

If a User is under 18 years of age, they may use the Platform only with permission and supervision from a parent, guardian, school, tutor, coaching provider, or responsible adult.

Where the Platform is used by or for a minor, the responsible adult is responsible for:

deciding whether the Platform is suitable for the child;

obtaining all required consents;

supervising use of the Platform;

reviewing AI Output before relying on it;

providing emotional support where necessary;

ensuring the child stops using the Platform if distressed or unwell.

We are not responsible for supervising minors or determining whether a child is emotionally, academically, psychologically, or medically fit to participate.

15. Account Registration

To access certain features, you may need to create an account.

You agree to provide accurate, complete, and current information.

You are responsible for keeping your login credentials confidential.

You are responsible for all activity under your account unless caused by our proven negligence or breach of applicable law.

You must notify us immediately if you suspect unauthorised access to your account.

16. Submitted Content

You are responsible for all content you submit to the Platform.

You warrant that:

you have the right to upload and use the Submitted Content;

the Submitted Content does not infringe any copyright, privacy right, confidentiality obligation, exam rule, academic integrity policy, or third-party right;

you have obtained all required consents before submitting another person’s information;

the information you provide is accurate and lawful.

You must not upload unlawful, harmful, defamatory, abusive, discriminatory, confidential, unauthorised, infringing, or malicious content.

17. Student Data and Consent

Where you upload or submit personal information about students, children, parents, teachers, staff, exam candidates, or other individuals, you warrant that you have obtained all required consents, notices, permissions, and lawful authority to provide that information to us for processing through the Platform.

This includes consent for AI-based processing, essay analysis, grading, feedback generation, reporting, storage, and related educational support activities.

18. Privacy

Our handling of personal information is described in our Privacy Policy.

By using the Platform, you acknowledge that we may collect, use, store, process, and disclose personal information as described in our Privacy Policy.

Personal information may include names, contact details, account information, student information, essays, exam responses, scores, reports, device information, usage logs, payment information, and support communications.

If the Privacy Act applies to our business, our handling of personal information will be guided by the Australian Privacy Principles. The OAIC explains that APPs cover collection, use, disclosure, governance, correction, and access rights for personal information.

19. AI Processing and Third-Party Providers

The Platform may use third-party providers for AI models, cloud hosting, storage, analytics, security, payment processing, email delivery, customer support, logging, and other operational services.

Submitted Content and personal information may be processed by third-party service providers where reasonably necessary to provide, secure, improve, maintain, monitor, or support the Platform.

We will take reasonable steps to use reputable providers and appropriate security controls, but we do not guarantee that third-party systems will be error-free, uninterrupted, or immune from cyber incidents.

20. AI Model Training and Data Use

Unless stated otherwise in our Privacy Policy or a separate written agreement, we do not intentionally use identifiable student essays, exam responses, or personal information to train public AI models.

We may use de-identified, aggregated, anonymised, statistical, diagnostic, or operational data to improve the Platform, monitor quality, detect misuse, enhance security, develop features, and improve educational performance insights.

Where required by law, consent will be obtained before using personal information for purposes beyond those reasonably expected by the User.

21. Data Retention and Deletion

We retain account data, Submitted Content, AI Output, assessment records, payment records, logs, and related information for as long as reasonably necessary to provide the Platform, comply with legal obligations, resolve disputes, maintain audit records, prevent fraud, improve security, and enforce these Terms.

You may request deletion of your data, subject to legal, operational, backup, billing, dispute-resolution, academic-integrity, fraud-prevention, and recordkeeping requirements.

Deleted data may continue to exist in backups or system logs for a limited period before being securely removed or overwritten.

22. Data Security

We will take reasonable steps to protect personal information and Submitted Content from misuse, interference, loss, unauthorised access, modification, or disclosure.

However, no online system, AI platform, cloud service, database, or internet transmission is completely secure.

You acknowledge that you use the Platform with an understanding of normal online security risks.

23. Data Breach Response

If we become aware of a data breach affecting personal information, we will assess the incident and take reasonable steps in accordance with applicable law.

If the Privacy Act applies and a breach is likely to result in serious harm, the Notifiable Data Breaches scheme may require notification to affected individuals and the OAIC.

24. Academic Integrity and Prohibited Use

You must not use the Platform to:

cheat in any real exam;

impersonate another person;

submit work falsely represented as your own;

bypass exam rules or institutional policies;

generate fraudulent academic submissions;

manipulate grading systems;

reverse-engineer assessment logic;

upload stolen exam materials;

breach school, university, competition, or examination body rules;

attack, overload, scrape, copy, or interfere with the Platform;

upload malware or harmful code;

use the Platform for unlawful, harmful, misleading, defamatory, abusive, or discriminatory purposes.

We may suspend or terminate access if we reasonably believe the Platform is being misused.

25. Platform Availability

We aim to provide a reliable service, but we do not guarantee that the Platform will always be available, uninterrupted, secure, or error-free.

The Platform may be unavailable due to maintenance, updates, technical issues, third-party outages, AI provider limitations, cyber incidents, internet failures, or events outside our reasonable control.

We are not liable for temporary unavailability, delays, lost access, or technical interruptions except where liability cannot lawfully be excluded.

26. Changes to AI Models and Results

We may update, modify, replace, fine-tune, or change AI models, prompts, scoring systems, rubrics, algorithms, workflows, features, user interfaces, and reports from time to time.

As a result, the same essay or exam response may receive a different score, comment, ranking, or recommendation at different times.

You acknowledge that AI-based assessment is dynamic and may change as systems are updated.

27. Fees and Payments

Fees for paid services will be displayed before purchase or set out in a separate order form, invoice, subscription page, or service agreement.

You agree to pay all applicable fees, charges, taxes, and payment processing costs associated with your purchase.

Unless stated otherwise, fees are payable in Australian dollars.

We may use third-party payment processors and are not responsible for payment failures, bank fees, card provider fees, or delays caused by third-party payment systems.

28. Refund Policy

Refunds are handled in accordance with the Australian Consumer Law.

We are not required to provide a refund merely because:

you changed your mind;

you did not use the service;

you entered incorrect information;

you expected a different score;

you disagree with AI-generated feedback;

your real exam result differs from a Practice Exam result;

you misunderstood the nature of the Platform;

you failed to read these Terms.

However, where required by law, we will provide an appropriate remedy. ACCC guidance confirms consumers may be entitled to repair, replacement, refund, cancellation, or other remedies where consumer guarantees are not met.

29. Review of AI Assessment Output

If you believe an AI-generated score, report, or feedback result is incorrect, you may submit a review request within [7] days of receiving the result.

A review request must include:

the relevant essay or exam response;

the AI Output being challenged;

the reason you believe it is incorrect;

any relevant rubric or marking criteria;

supporting explanation.

We may, at our discretion, reprocess the submission, provide clarification, correct an error, issue a service credit, or provide another remedy required by law.

Submitting a review request does not guarantee a changed score, refund, or particular outcome.

30. Intellectual Property

We own or license all intellectual property rights in the Platform, including software, designs, prompts, workflows, assessment logic, scoring systems, reports, templates, branding, content, databases, user interfaces, and documentation.

You must not copy, reproduce, modify, distribute, sell, reverse-engineer, scrape, or exploit any part of the Platform without our written permission.

You retain ownership of your Submitted Content, but you grant us a licence to process, store, analyse, reproduce, transmit, and use it as reasonably necessary to provide the Platform and related services.

31. Marketing Claims and Testimonials

You must not publicly claim that the Platform guarantees success, official results, admission, ranking, selection, scholarship, or improved marks unless we have expressly authorised that claim in writing.

We may use testimonials, reviews, or feedback only in accordance with applicable law and our Privacy Policy.

32. Consumer Law Protection

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

Where we are permitted to limit remedies under the Australian Consumer Law, our liability may be limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

33. General Disclaimer

To the maximum extent permitted by law, the Platform is provided on an “as is” and “as available” basis.

We do not guarantee that:

AI Output will be accurate, complete, reliable, or suitable for your purpose;

the Platform will match official exam standards;

scores will match human examiner judgement;

feedback will be free from error;

use of the Platform will improve performance;

practice results will predict real exam results;

the Platform will be uninterrupted or error-free;

Submitted Content will always be recoverable;

the Platform will meet every school, institution, exam body, or user requirement.

34. Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Platform, whether in contract, tort, negligence, statute, equity, or otherwise, is limited to the amount paid by you for the relevant service during the three months immediately before the event giving rise to the claim.

If you are an institutional, school, tutoring, coaching, or business customer, our total aggregate liability is limited to the fees paid by you under the relevant order form or service agreement during the six months immediately before the event giving rise to the claim, unless otherwise agreed in writing.

This limitation does not apply where liability cannot lawfully be limited.

35. Exclusion of Consequential Loss

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, punitive, exemplary, or consequential loss, including but not limited to:

loss of opportunity;

loss of admission;

loss of scholarship;

loss of academic placement;

loss of ranking;

loss of confidence;

emotional distress;

reputational harm;

loss of business;

loss of revenue;

loss of profits;

loss of data;

business interruption;

disappointment with scores;

difference between AI scores and real exam results;

reliance on AI-generated feedback or reports.

36. Indemnity

To the maximum extent permitted by law, you agree to indemnify us against losses, claims, costs, damages, liabilities, and expenses arising from:

your breach of these Terms;

your misuse of the Platform;

your unlawful upload or use of Submitted Content;

your breach of privacy, confidentiality, copyright, academic integrity, or third-party rights;

your failure to obtain consent before submitting another person’s information;

your use of AI Output for high-impact decisions without appropriate human review;

your violation of any school, exam body, institution, or competition rules.

37. Suspension and Termination

We may suspend or terminate your access to the Platform if we reasonably believe that:

you breached these Terms;

you misused the Platform;

your account is involved in suspicious or unlawful activity;

you failed to pay fees;

you uploaded unlawful or unauthorised content;

your use creates legal, security, reputational, operational, academic-integrity, or regulatory risk;

suspension is necessary to protect other users, students, systems, or third parties.

Termination does not affect rights or obligations that arose before termination.

38. Force Majeure

We are not responsible for delay, failure, interruption, or non-performance caused by events outside our reasonable control, including but not limited to natural disasters, cyberattacks, cloud outages, AI provider failures, internet outages, government action, war, terrorism, strikes, pandemics, regulatory restrictions, power failures, or third-party service disruptions.

39. Dispute Resolution

Before starting court proceedings, you agree to first contact us in writing with details of the dispute.

The parties must attempt to resolve the dispute in good faith.

If the dispute is not resolved within 30 days, either party may refer the dispute to mediation in Victoria, Australia, unless urgent injunctive relief is required.

Nothing in this clause prevents either party from seeking urgent legal relief where necessary.

40. Governing Law

These Terms are governed by the laws of Victoria, Australia.

The parties submit to the courts of Victoria and the Commonwealth courts of Australia.

41. Changes to These Terms

We may update these Terms from time to time.

The updated Terms will apply from the date they are published or otherwise notified to you.

If a change materially affects your rights or obligations, we will take reasonable steps to notify you.

Your continued use of the Platform after updated Terms take effect means you accept the updated Terms.

42. Contact

For questions, complaints, review requests, privacy requests, or support, contact:

Business Name: [Insert Business Name]
Email: [Insert Email]
Address: [Insert Business Address]
ABN/ACN: [Insert ABN or ACN]

Essay Grader

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