USAGE THRESHOLDS

1. Scope and Application

This page sets out the Usage Thresholds and describes the Fair Usage Policy operated by Top Marks AI Ltd ("Top Marks", "we", "us") in respect of the Top Marks platform (the "Platform") accessed by schools and multi-academy trusts ("Customers") under a valid Contract.

The Fair Usage Policy is set out in clauses 6.7 to 6.13 of the Platform Terms and Conditions (available at topmarks.ai/terms) and applies wherever a Contract describes a Customer's usage of the Platform as unlimited. This page is published in accordance with clause 6.8 of those Terms. Capitalised terms used but not defined on this page have the meanings given to them in the Platform Terms and Conditions. This page should be read alongside the Platform Terms and Conditions and the Service Level Agreement (topmarks.ai/sla).

2. Why We Operate a Fair Usage Policy

Where a Contract describes a Customer's usage of the Platform as unlimited, that usage remains subject to the Fair Usage Policy. Top Marks operates the Fair Usage Policy to maintain consistent performance of the Platform for the benefit of its customers as a whole, having regard to the shared and finite nature of the underlying computing and AI processing resources on which the Platform depends.

Usage Thresholds are set at levels substantially above typical usage across our customer base, and most Customers will never encounter them. The Fair Usage Policy exists to protect the experience of all customers in the small number of cases where an individual Customer's usage significantly exceeds what the Platform is resourced to support for a licence of the relevant kind.

3. Usage Thresholds

A "Usage Threshold" is the volume of marking requests, measured over such period as Top Marks may specify, above which the measures described in section 4 may apply.

Usage Thresholds may differ according to the Subject Package, Licence Period, or other factors specified in the Contract. The Usage Thresholds applicable to a Customer's Contract are notified to the Customer by Top Marks, and are available on request at any time by contacting support@topmarks.ai.

Where Top Marks publishes specific Usage Thresholds on this page, they will apply from the date of publication (or such later date as is stated) in accordance with clause 1.3 of the Platform Terms and Conditions.

4. What Happens if a Usage Threshold Is Exceeded

4.1 Deprioritisation

Where a Customer's usage of the Platform in any given measurement period exceeds the applicable Usage Threshold, Top Marks may deprioritise the processing of the Customer's marking requests during Peak Times ("Deprioritisation"), such that those requests are processed after the requests of customers who have not exceeded their Usage Threshold. Deprioritisation may result in longer turnaround times for marking requests submitted during Peak Times, but does not affect the Customer's ability to submit marking requests or access the Platform.

4.2 Hard Speed Cap

Where a Customer's usage of the Platform substantially and repeatedly exceeds the applicable Usage Threshold, Top Marks may, in addition to or instead of Deprioritisation, apply a Hard Speed Cap to the Customer's account. A Hard Speed Cap will not prevent the Customer from submitting or accessing marking requests, but will result in such requests being processed more slowly than the Platform's standard processing times.

For the avoidance of doubt, neither Deprioritisation nor a Hard Speed Cap suspends access to the Platform or prevents work from being submitted or marked.

5. Notice and Alternative Arrangements

Top Marks will use reasonable efforts to notify a Customer where its usage is approaching or has exceeded a Usage Threshold before applying Deprioritisation or a Hard Speed Cap, save where doing so is not reasonably practicable due to a genuine and immediate capacity constraint affecting the Platform generally.

Where a Customer's usage requirements exceed the Usage Thresholds on an ongoing basis, Top Marks may, at its discretion, offer the Customer an alternative arrangement on additional terms. If you expect a period of sustained high usage — for example, around mock examinations — please contact us in advance and we will work with you to plan for it.

6. Relationship with the Service Level Agreement

Any longer processing or turnaround times resulting from Deprioritisation or a Hard Speed Cap applied in accordance with the Fair Usage Policy do not constitute a failure to meet, and are excluded from the calculation of, the availability targets, response times, or resolution times set out in the Service Level Agreement (topmarks.ai/sla), and do not constitute an incident for the purposes of section 3.3 of the SLA.

7. Review and Updates

Top Marks reviews the Fair Usage Policy, including the applicable Usage Thresholds, periodically, and may update them from time to time in accordance with clause 1.3 of the Platform Terms and Conditions. The current version is published at topmarks.ai/fairusage. For questions, contact info@topmarks.ai.

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