Summary in plain words
This summary is for convenience. The numbered clauses are what bind you.
- The App uses artificial intelligence. AI gets things wrong. Every mark, answer and question it gives you is a suggestion to check with a teacher, never a fact.
- You use the App entirely at your own risk. We promise nothing about accuracy, results, availability or fitness for any exam.
- Children may use the App only through a parent or guardian, who accepts these Terms for the child and is responsible for the child's use.
- Your work lives in your own browser. We do not keep a copy. Back it up with the profile file or accept that it may be lost.
- Photos and text you enter are sent to an AI provider outside Singapore to generate a response. By using the App you consent to that.
- Do not misuse the App, attack it, call its server functions directly, or upload other people's personal information.
- Claims must be brought within one year, in Singapore, under Singapore law.
1. Parties and acceptance
1.1 These Terms of Use ("Terms") are a legally binding agreement between [Operator's full legal name and, if a company, UEN] ("we", "us", "our") and the person using the Smart Science Paper Marking App at [website address] and any related pages or server functions (together, the "App").
1.2 You accept these Terms by tapping "I agree" on first use, and again by continuing to use the App after any update to these Terms. If you do not agree, do not use the App. There is no charge for the App and no other consideration passes from you to us; you acknowledge that your agreement to these Terms is the condition on which we allow you to use it.
1.3 If you are 18 or over and using the App yourself, "you" means you.
1.4 If a child under 18 uses the App, "you" means the parent or legal guardian who permits that use. By allowing a child to use the App you confirm that you are at least 18, that you have authority to agree to these Terms for that child, that you accept every provision of these Terms on the child's behalf and on your own behalf, and that you will supervise the child's use. We rely on this confirmation. A child may not accept these Terms alone.
1.5 We record on the device the version of the Terms accepted and the date. That record is our evidence of your acceptance.
2. Nature of the App: an AI study aid, not a teacher
2.1 The App is an automated study aid. It uses a third-party artificial intelligence model to mark Science answers, derive marking points for questions you supply, generate practice questions, read printed text from photographs, and answer questions about the App's own features.
2.2 The output of an artificial intelligence model is generated statistically. It is not reviewed by any teacher or subject expert before you see it. It may be wrong, incomplete, out of date, inconsistent with your school's syllabus or marking scheme, or confidently misleading. You acknowledge that you understand this and that you will independently verify anything that matters with a qualified teacher before relying on it.
2.3 The App is not: a teacher, tutor, tuition centre, or school; an examination authority; or a source of official answers. It is not affiliated with, endorsed by, approved by, or connected to the Ministry of Education, the Singapore Examinations and Assessment Board, any school, or any publisher. Nothing in the App represents how any real examination will be set or marked.
2.4 The App does not provide professional advice of any kind. Its content is general educational material only.
3. No warranties
3.1 THE APP AND EVERYTHING IT PRODUCES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS".
3.2 To the fullest extent permitted by law, we exclude every warranty, condition, representation, guarantee and term, whether express or implied, statutory or otherwise, including any implied term of satisfactory quality, fitness for a particular purpose, accuracy, non-infringement, or correspondence with any description. Without limiting that, we give no warranty that:
3.3 No advice or information, whether oral or written, obtained from us or from the App creates any warranty not expressly stated in these Terms.
4. Assumption of risk and no reliance
4.1 You use the App voluntarily and entirely at your own risk and discretion. You alone decide whether, when and how to use any output.
4.2 You confirm that in agreeing to these Terms you have not relied on any statement, representation, description or promise about the App that is not set out expressly in these Terms, and you waive any claim based on such reliance. This clause does not exclude liability for fraud.
4.3 You accept full responsibility for your, and any child's, study decisions, examination preparation and results, and for any consequence of acting on the App's output.
5. Exclusion and limitation of liability
5.1 Exclusion. To the fullest extent permitted by law, neither we nor any person involved in creating, producing, hosting or supplying the App (together the "Protected Persons") shall be liable to you or to any other person, in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, for any loss or damage of any kind arising out of or in connection with the App, its output, its unavailability, or these Terms, including:
5.2 Cap. If, notwithstanding clause 5.1, any Protected Person is held liable to you, the total aggregate liability of all Protected Persons together, for all claims arising in any twelve-month period, shall not exceed the greater of (a) the total amount you paid us for the App in that period, and (b) fifty Singapore dollars (S$50). You acknowledge that the App is free, that this cap is a fair reflection of that, and that we would not make the App available without it.
5.3 Carve-out. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under the law of Singapore, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or under any consumer protection legislation to the extent it cannot be excluded. Every exclusion and limitation in these Terms is to be read subject to this clause and applies to the maximum extent the law allows.
5.4 Reasonableness. You acknowledge that the exclusions and limits in this clause 5 are reasonable having regard to: the App being provided free of charge; the inherent and disclosed unreliability of artificial intelligence output; the availability of teachers and other sources against which to check that output; your ability to back up your own data; and the availability of alternative study tools.
5.5 Time limit. Any claim against a Protected Person arising out of or in connection with the App or these Terms must be commenced within one (1) year after the cause of action first arose, failing which it is permanently barred, regardless of any longer period otherwise allowed by law.
5.6 Several benefit. Each Protected Person may rely on and enforce this clause 5 and clause 11 directly under the Contracts (Rights of Third Parties) Act 2001. Otherwise, no third party has any right under that Act to enforce any term of these Terms.
6. Acceptable use
6.1 You must not, and must ensure that any child you are responsible for does not:
6.2 We may investigate any suspected breach and may, without notice or liability, restrict, suspend or terminate your access, block your device or network, and take any legal action available to us.
6.3 We may impose and change usage limits, including limits on request volume and content length, at any time.
6.4 Fair use of one membership. One membership is for one household. You may be signed in on up to three devices at a time. The App records which devices hold a signed-in session and may sign out the oldest when a further device signs in. Where the pattern of use shows a membership is being shared beyond one household, we may ask you to confirm your devices, and may suspend or end access under clause 6.2.
7. Your content
7.1 You retain whatever rights you have in the questions, answers, notes, photographs and profile details you enter ("Your Content").
7.2 You grant us, and our service providers, a worldwide, royalty-free, non-exclusive licence to use, reproduce, transmit, process and transform Your Content solely as needed to operate the App and provide its features, including sending it to the AI provider to generate a response.
7.3 You warrant that you have all rights necessary to submit Your Content, that it does not infringe any third party's rights, and that it contains no personal data of any person other than the user, except as expressly permitted by the App.
7.4 Examination papers, workbooks and textbooks are ordinarily copyright works. You are solely responsible for ensuring that your use of any such material with the App is lawful, including under the Copyright Act 2021. Entering an extract for your own private study is normally permitted; reproducing, distributing or republishing a paper is not. We do not monitor or endorse the content you enter.
8. Data, storage and privacy
8.1 Device storage. Except as the App expressly states otherwise, your work, mistake book, recall history, notes, profile details, buddy choice, settings and guardian code are stored only in the browser storage of your own device. We do not receive, hold, back up or have access to a copy. Clearing browser data, using a different browser or device, private-browsing mode, or loss or failure of the device will result in that data being lost. It is your sole responsibility to back up your data using the App's "Save my profile to a file" feature and to keep that file safe. Anyone in possession of that file can load and read its contents.
8.2 Transient processing. When you use a feature that relies on the AI model, the relevant content (for example, the question, your answer, or a photograph) is transmitted to the AI provider for processing and a response is returned. We do not store that content on our servers. The AI provider processes it under its own terms and privacy policy, which may include retention for a limited period for abuse monitoring.
8.3 Overseas transfer. The AI provider and hosting provider operate servers outside Singapore, including in the United States. By using the App you consent, for yourself and for any child you are responsible for, to the transfer of Your Content outside Singapore for that processing, and you acknowledge that the protection afforded there may differ from that under Singapore law. We will use reasonable efforts to engage only providers who give contractual commitments comparable to those required by the Personal Data Protection Act 2012 ("PDPA").
8.4 Photographs. The camera feature is designed to read printed question text only. Do not photograph anything that shows handwriting, a name, a face, or any other personal data. Photographs are converted in the browser, sent once for reading, and are not stored by us.
8.5 Children's data. Where the user is under 13, we rely on the parent or guardian's consent under clause 1.4 for any collection, use, disclosure or transfer of the child's data described in this clause 8, as permitted by the PDPA.
8.6 Member records. To run memberships we keep one record for each member with a hosted database provider acting on our instructions: the email address used to join, whether access came from payment or from us granting it, whether it is active, the dates, an optional parent or guardian address for session reports, and identifiers for the devices currently signed in. We do not sell personal data and do not use it for advertising. If we introduce further online storage we will publish an updated privacy notice and obtain any consent required before it takes effect.
8.7 Local storage technologies. The App uses browser local storage and session storage to function. These are not used for advertising or cross-site tracking.
8.8 Access and correction. Your work stays on your own device, so requests about it can be met using the App's own profile and settings features. For the member record described in clause 8.6, write to the contact in clause 15 and we will tell you what it holds, correct it, or delete it once membership ends.
8.9 Devices. Each sign-in creates a token for that browser. We store an identifier for it against your member record so that the device limit in clause 6.4 can be applied and so that a device can be signed out. We do not store your IP address. Our hosting provider handles it in passing to deliver the App and to stop abuse, under its own terms.
8.10 Session records. Where session reports are switched on, a record of that sitting is held by the same database provider so the report can be sent, and is deleted automatically within 48 hours.
9. Third-party services and links
9.1 The App depends on services we do not control, including an AI model provider (currently Anthropic, PBC), a hosting provider (currently Vercel Inc.), and browser features. We are not responsible for their availability, performance, output, content, or conduct, and any failure of those services is outside our control.
9.2 The App links to external music services and other sites. Those are provided for convenience only, are subject to their own terms and policies, and are not endorsed by us. Access them at your own risk.
10. Intellectual property
10.1 The App and all content we created or licensed, including its design, code, text, prompts, model answers, marking points, misconception and context libraries, practice questions, diagrams, mascots, artwork, names and logos ("Our Content"), are owned by us or our licensors and are protected by copyright, trade-mark and other laws in Singapore and elsewhere.
10.2 We grant you a personal, limited, revocable, non-exclusive, non-transferable licence to use the App and Our Content for the private, non-commercial study of the user, subject to these Terms. All other rights are reserved. Output the App generates for you may be used for the same purpose only.
10.3 Feedback or suggestions you send us may be used by us without restriction or payment.
11. Indemnity
11.1 You shall indemnify, defend and hold harmless each Protected Person from and against all claims, demands, proceedings, losses, damages, liabilities, costs and expenses (including reasonable legal fees on an indemnity basis) arising out of or in connection with: (a) your or any child's breach of these Terms; (b) Your Content; (c) your or any child's misuse of the App or violation of any law or third-party right; or (d) any claim by a school, examining body or other person relating to your or any child's use of the App's output.
11.2 Where the user is a child, this indemnity is given by the parent or guardian under clause 1.4.
12. Changes, suspension and termination
12.1 The App is provided free of charge and without any commitment as to continuity. We may modify, restrict, suspend or discontinue the App or any feature at any time, with or without notice, and shall have no liability to you for doing so.
12.2 We may amend these Terms at any time by posting the amended Terms in the App with a new version number and effective date. Amendments take effect when posted. Your continued use after that is acceptance of the amended Terms. If you do not accept them, your only remedy is to stop using the App.
12.3 We may terminate your right to use the App at any time for any reason. Clauses 2 to 5, 7, 8, 10, 11, 13 and 14 survive termination.
13. Force majeure
We are not liable for any failure or delay caused by events beyond our reasonable control, including failure of the internet, hosting or AI services, power or telecommunications, cyber-attack, government action, epidemic, or natural disaster.
14. General
14.1 Governing law and jurisdiction. These Terms, and any dispute or claim (contractual or non-contractual) arising out of or in connection with them or the App, are governed by the laws of the Republic of Singapore. The courts of Singapore have exclusive jurisdiction, and you submit to that jurisdiction and waive any objection on grounds of venue or inconvenient forum.
14.2 Individual claims only. To the extent permitted by law, any claim must be brought in your own individual capacity and not as a plaintiff or class member in any purported class, representative or collective proceeding.
14.3 Severability. If any provision, or part of one, is held invalid or unenforceable, it shall be severed or read down to the minimum extent necessary, and the remaining provisions continue in full force.
14.4 No waiver. Our failure or delay in exercising any right is not a waiver of it.
14.5 Entire agreement. These Terms, together with any notice we publish in the App, are the entire agreement between you and us regarding the App and supersede all prior representations, understandings and agreements.
14.6 Assignment. You may not assign or transfer your rights or obligations. We may assign ours to any successor or acquirer of the App without notice.
14.7 No relationship. Nothing in these Terms creates any partnership, agency, employment, fiduciary, or educational-provider relationship between you and us.
14.8 Language. These Terms are in English. Any translation is for convenience only and the English text prevails.
14.9 Notices. We may give notice by posting in the App. You may give notice by email to the address in clause 15.