Terms of Service

1About These Terms

These Exam Builder Terms of Service ("Terms") govern your subscription to and use of Classark Exam Builder ("Exam Builder"): the desktop application, the sign-in, AI and billing services behind it, and these web pages. Exam Builder is provided by CLASSARK ("we", "us", or "our").

You use Exam Builder with a Classark account. The Classark Terms of Service continue to govern that account. Where they and these Terms differ on anything to do with Exam Builder, these Terms apply.

The desktop application's code is also covered by its own open-source licence, described in the Software Licence. Nothing in these Terms limits the rights that licence gives you over the code.

2What Exam Builder Does

Exam Builder reads past exam papers and mark schemes that you add to it, builds a question bank on your computer, and produces new exams, mark schemes and topic booklets from it. Some features use artificial intelligence ("AI"): tagging questions with syllabus topics, reading your exam requests, and suggesting fixes to extracted questions.

Exam Builder contains no exam papers. It works only with documents you provide.

Exam Builder is not affiliated with, endorsed by or sponsored by any exam board. Names of exam boards and qualifications are used only to describe which papers the application can read, and remain the trademarks of their owners.

3Accuracy of Paper Reading

Exam Builder reads your papers and mark schemes automatically. That reading is not 100% accurate. Papers differ in layout, fonts, scans and formatting, and the application can split, merge, misread or miss questions, parts, numbering, marks, diagrams, tables, equations, symbols and mark-scheme answers, or match a question to the wrong mark scheme.

You must check every question, mark scheme, topic tag and exam against the original papers before you use it, and correct anything that is wrong. Exam Builder is a tool to save you time, not a replacement for your own checking.

4Your Papers and Your Responsibility for Them

Past papers and mark schemes are usually protected by copyright and owned by the exam board that published them. You are responsible for making sure you have the right to use every document you add to Exam Builder, and every exam, mark scheme or booklet you make from them, in the way you use them (for example, in your own teaching under your school's or the board's licence).

You must not use Exam Builder to publish, sell or distribute exam-board material, or anything made from it, without the rights owner's permission.

Your papers, question bank and exams are stored on your own computer. You are responsible for backing them up. We cannot recover files that are lost from your computer.

5Subscription and Payment

Exam Builder needs its own paid subscription. It is not part of any Classark course platform plan. Current prices are shown on the Exam Builder pricing page. There is no free trial.

Payments are processed by Paddle.com Market Limited ("Paddle"), our authorised reseller and Merchant of Record. When you buy a subscription or top-up credit, you are buying from Paddle, which handles payment, invoicing and applicable taxes. Paddle's own terms apply to the purchase.

• Renewal: your subscription renews automatically at the end of each monthly or yearly period, and you authorise Paddle to charge your payment method for each renewal, until you cancel.
• Failed payments: if a renewal payment fails, you keep access for 3 days while it is retried. After that, access stops until the payment goes through, and the subscription is cancelled if the payment can't be collected.
• Price changes: we will tell you about a price change before it applies to your next renewal. If you do not accept it, you can cancel before that renewal.
• Cancelling: you can cancel at any time from your Exam Builder account page. You keep access until the end of the period you have paid for.
• Refunds: see the Exam Builder Refund Policy.

6AI Usage, Allowance and Top-up Credit

AI features are paid for from a usage balance, measured in US dollars and charged at the cost of each request.

• Monthly allowance: each subscription includes an amount of AI usage every month, on monthly and yearly plans alike. It refills each month on your subscription's start day. Unused allowance does not carry over. If your subscription ends, you can keep using whatever was left of that month's allowance until it runs out, but it no longer refills.
• Top-up credit: you can buy extra credit while your subscription is active. It is used only after the month's allowance runs out, and it does not expire. If your subscription ends, you can still use any top-up credit you have left. Top-up credit has no cash value, cannot be transferred, and is not refundable.
• Results reused for free: when a request is identical to one already answered, we may return the stored answer instead of asking the AI again. Those answers do not use your balance.
• When usage runs out: AI features stop until your allowance refills or you add credit. Features that don't use AI keep working while your subscription is active.

To keep the service fair and running, we may limit how fast or how often AI features can be used.

7AI Output

AI features are provided by Anthropic through our servers. AI output can be wrong. Topic tags, readings of your requests and suggested fixes may be inaccurate or incomplete. Exam Builder never uses AI to write or rewrite exam questions, but you should check every exam and mark scheme before you use it with students.

You are responsible for the exams you set and how you use them.

8Acceptable Use

You agree not to:

• share your account or sign-in with anyone else, or sell or resell access to Exam Builder or its AI features
• use the Exam Builder service, with the official application or any other software, to get around usage limits, balances or billing
• use the AI features for anything other than Exam Builder's own purposes, or send content to them that you have no right to send
• attack, overload, probe or interfere with our servers or anyone else's use of them
• use Exam Builder for anything unlawful

We may suspend or end your access to the Exam Builder service if you break these rules.

9Names and Trademarks

"Classark", "Classark Exam Builder" and the Classark and Exam Builder logos are our trademarks. The Software Licence covers the application's code, not these names or logos. You may not distribute a modified version of the application under them, or present a modified version as ours.

10Availability and Changes

We work to keep the sign-in and AI services available but do not promise that they will always be available or error-free. We may change, add or remove features. If we stop offering Exam Builder, we will give you reasonable notice.

11Disclaimer of Warranties

Exam Builder is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that Exam Builder will read your papers correctly, or that extracted questions, mark schemes, topic tags or exams will be accurate or complete.

12Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential damages, or for loss of data, files or profits, arising from your use of Exam Builder.

To the fullest extent permitted by law, we are not liable for any loss or harm caused by errors in how Exam Builder reads papers or mark schemes, or in AI output, including errors in exams, mark schemes, marks or grades given to students, where you used that content without checking it.

Our total liability for any claim relating to Exam Builder is limited to the amount you paid for Exam Builder in the 12 months before the claim.

Nothing in these Terms limits liability that cannot be limited by law, or your rights as a consumer under the law where you live.

13Ending Your Subscription or Account

You can cancel your subscription at any time. If you delete your Classark account, your Exam Builder subscription ends and we delete its records as described in the Exam Builder Privacy Policy. Files on your computer are not affected. The sections on your papers, disclaimers and liability continue to apply after your subscription ends.

14Governing Law and Disputes

These Terms are governed by the same law as the Classark Terms of Service. Any dispute should first be raised with us at legal@classark.com, and we will try to resolve it informally before either side takes formal action.

15Changes to These Terms

We may update these Terms. We will tell you about material changes by email or in the application before they take effect. If you keep using Exam Builder after that, you accept the updated Terms.