Nib Terms of Use

1. Who provides Nib

Nib is provided by Syed Khairi, an independent developer based in London, United Kingdom (“we”, “us” or “our”).

2. Relationship with Apple’s terms

You obtain Nib through Apple’s App Store. Apple’s Standard Licensed Application End User Licence Agreement (“Apple EULA”) applies to your licence to use the app, except to the extent a valid custom licence is presented through the App Store. These Terms supplement the Apple EULA and govern Nib’s features, subscriptions and your relationship with us. If there is an unavoidable conflict, applicable law and the mandatory Apple terms take priority.

Apple is not responsible for maintaining or supporting Nib except where Apple’s terms or applicable law say otherwise. Apple and its subsidiaries are third-party beneficiaries of the Apple EULA and may enforce it.

3. Eligibility and authority

Nib is designed for teachers and other authorised adults. You must be at least 18 years old and legally able to enter into these Terms, or use Nib under the authority and supervision of an organisation that can do so. Nib is not intended for a child to download, purchase or use independently.

If you use Nib on behalf of an organisation, “you” includes that organisation where the context permits. You confirm that you have the permissions, licences, employment authority and data-protection authority needed for that use. A separate written school or enterprise agreement prevails over these Terms to the extent it expressly says so.

4. What Nib does

Nib helps users create and organise classes, students, assessments and templates; import papers and scripts; recognise and map parts of documents; mark and annotate work; calculate and review results; collaborate through iCloud; and export or share material. Available features may vary by device, operating-system version, subscription status and region.

The free plan currently permits one active assessment at a time. Templates and the built-in sample do not count towards that allowance. Every marking feature remains available on the free plan; a paid entitlement permits unlimited assessments while active. The current paywall and App Store purchase sheet describe the plan being offered and take priority over this summary.

5. Professional and educational responsibility

Nib is a tool to assist professional judgement. It is not an awarding body, examination authority, safeguarding system, student information system, statutory archive or substitute for a teacher’s review.

You are responsible for:

• checking imported pages, student matches, recognised text, detected regions, marks, grade boundaries, totals, feedback and exports before relying on or releasing them;
• following the rules of your school, employer, awarding body and any applicable examination or moderation scheme;
• making assessment and progression decisions yourself and providing any required human review, explanation or appeal route;
• keeping any official record or backup that your organisation or the law requires; and
• using suitable access controls and taking extra care with children’s information and special-category information.

Recognition, matching, analysis and calculated results may be incomplete or wrong, particularly when source documents are unclear or settings are incorrect. You must verify them against the original material.

6. Your content

“Your Content” means information and material you create, enter, import, record or store using Nib, including student records, scripts, assessment materials, marks, feedback, annotations and templates. As between you and us, you retain your rights in Your Content. We do not claim ownership of it.

You grant us only the limited rights technically necessary to make Nib process Your Content at your direction. Local-only content is processed on your device. If you enable iCloud or collaboration, Apple stores and transmits relevant content under Apple’s terms and makes shared content available to the participants you authorise.

You confirm that:

• you have a lawful basis and all permissions needed to use, copy, annotate, synchronise, collaborate on and export Your Content;
• Your Content and your use of it do not infringe another person’s privacy, confidentiality, intellectual-property or other rights;
• you will collect no more personal information than is necessary and will keep it no longer than needed; and
• you will not use Nib to create unlawful, discriminatory, abusive or deliberately misleading records about another person.

7. Student information, privacy and confidentiality

If you use Nib for a school or another organisation, that organisation will normally be the data controller for student and assessment information. You must follow its instructions, privacy notice, retention schedule and security rules. Where required, the organisation must have an appropriate contract with its processors and complete a data protection impact assessment.

You must not add student information unless authorised. You must take reasonable steps to keep it confidential, including protecting the device and Apple Account, limiting collaboration to authorised colleagues, reviewing share permissions, and using suitable destinations for exports.

Our Privacy Policy explains how information is handled by Nib. It forms part of these Terms.

8. iCloud sync and collaboration

iCloud Sync is optional and off by default. To use it, you need a compatible device, an available Apple Account and sufficient iCloud storage. Apple provides iCloud and CloudKit under its own terms.

When you share an assessment or class, invited participants may be able to view, edit, download or further disclose the information made available to them, depending on their permissions and actions. You are responsible for choosing participants and the appropriate access level. Nib cannot recall copies that another person has already exported or downloaded.

Sync and collaboration may be delayed, unavailable or result in conflicts because of network conditions, device state, iCloud availability, storage limits or concurrent editing. Review sync status and important records before finalising results. Do not use iCloud collaboration where your organisation prohibits it.

9. Exports and sharing

Nib can create PDFs, spreadsheets or CSV files, document archives, labels, templates, training-data files and other exports. You control the destination through Apple’s Files, share, print or collaboration interfaces. Exported files leave Nib’s controlled storage and may contain personal, confidential or copyrighted material.

Before exporting, you must check the file, choose an authorised recipient and use an appropriately secure method. You are responsible for copies in other apps, storage services, printers, email systems or recipients’ devices.

10. Acceptable use

You must not:

• use Nib unlawfully or to infringe privacy, confidentiality, safeguarding, intellectual-property or other rights;
• access, share or attempt to identify student or colleague information without authority;
• upload malicious code, interfere with Nib, iCloud, the App Store or another user’s device or data, or circumvent technical restrictions or subscription checks;
• misrepresent automated output as independently verified or use Nib to make a solely automated significant decision where human review is legally or professionally required;
• reverse engineer, decompile, disassemble, copy or modify Nib except to the extent that applicable law expressly permits despite this restriction; or
• rent, resell, sublicense or commercially distribute Nib except as Apple’s usage rules or a written agreement with us allow.

11. Subscriptions and payment

Paid plans are auto-renewable subscriptions sold through the App Store. Before purchase, Apple’s purchase sheet shows the product, billing period, current price and any trial or offer. Prices and taxes may vary by region and may change in accordance with Apple’s rules and applicable law.

• Payment is charged to the payment method associated with your Apple Account.
• Your subscription renews automatically for the displayed period unless you cancel it through Apple before renewal. The app currently reminds users to cancel at least 24 hours before the end of the current period.
• You can view, change or cancel through your Apple Account subscription settings. Deleting Nib does not cancel a subscription.
• Cancellation normally takes effect at the end of the paid period. Statutory cooling-off, cancellation and refund rights continue to apply where the law provides them.
• Apple handles billing, cancellation processing and refunds. You can request a refund through Apple’s Report a Problem service.
• Use “Restore Purchases” if an active entitlement is not recognised on a compatible device.

If a subscription expires, is cancelled, revoked or cannot be verified, existing work remains usable. Creating, restoring or downloading another shared assessment may be blocked until you renew or reduce your active assessments to the free allowance. We will not intentionally delete existing assessments solely because a subscription ends.

School or organisational licences may be supplied under a separate written agreement and may use different billing, eligibility and termination terms.

12. Intellectual property

Nib, including its software, interface, branding, documentation and original built-in material, is owned by us or our licensors and protected by intellectual-property law. Subject to these Terms, the Apple EULA and payment of any applicable charges, you receive a personal, limited, non-exclusive, non-transferable, revocable licence to use Nib on Apple-branded products that you own or control as permitted by Apple’s usage rules.

No right is granted to use the Nib name, logos or other branding, or to copy or distribute the app, except with prior written permission or where the law expressly permits it.

13. Third-party services and material

Nib depends on Apple technologies and services including iPadOS or iOS, the App Store, StoreKit, iCloud, CloudKit, Files, speech recognition and system sharing. Those services are provided under Apple’s terms and may change independently of Nib. We are not responsible for third-party services, destinations you select, or content supplied by other users, awarding bodies or publishers.

You must comply with applicable third-party terms, including licences for examination papers, mark schemes, fonts, images and other material you import or share.

14. Updates and availability

We may provide corrections, security updates, compatibility changes and new or changed features. You may need to install an update or a supported operating-system version to continue using some features. We will not materially remove a paid subscription benefit during its current paid period without a valid reason or an appropriate remedy, subject to applicable law.

We aim to provide Nib with reasonable care and skill, but do not promise that every feature will always be available, uninterrupted or error-free. Local use may continue when online services are unavailable, but iCloud, sharing, purchase verification and speech recognition may require Apple services and internet access.

15. Ending use

You may stop using Nib at any time. Before deleting the app, leaving an organisation or disposing of a device, export any records you are lawfully required to retain and make sure they are stored securely. Deleting the app may permanently remove local-only content. Turning off iCloud Sync or deleting the app does not necessarily delete content already stored in iCloud or cancel a subscription.

We may suspend access to future updates or connected features if reasonably necessary to address unlawful use, a security risk, a material breach of these Terms or a legal requirement. Where practical and lawful, we will give notice and a reasonable opportunity to remedy the issue. Because we do not operate an assessment-content server, we ordinarily cannot access or remotely delete local or private iCloud content.

16. Your legal rights and warranties

Nothing in these Terms limits rights or remedies that cannot lawfully be limited. If you are a consumer, Nib must be as described, fit for its stated purpose and of satisfactory quality, and services must be provided with reasonable care and skill, subject to the requirements of applicable consumer law.

Subject to those mandatory rights, Nib is provided for general assessment workflow support. We do not guarantee that recognition, matching, calculations, sync or exports will be correct in every circumstance, or that Nib will meet a particular awarding-body, retention, safeguarding, accessibility or regulatory requirement that has not been expressly agreed with us in writing.

17. Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of mandatory consumer rights, or any other liability that cannot legally be excluded or limited.

If you are a consumer

We are responsible for loss or damage that is a foreseeable result of our breach of these Terms or failure to use reasonable care and skill. We are not responsible for loss that was not foreseeable, for business loss, or for loss caused by your failure to follow these Terms, verify assessment output, maintain an appropriate backup, secure your device or use an authorised export destination.

If you use Nib for business, professional or organisational purposes

To the fullest extent permitted by law, we are not liable for indirect or consequential loss, or loss of profit, revenue, business, anticipated savings, goodwill or opportunity. Our total aggregate liability arising out of Nib or these Terms is limited to the greater of £100 and the subscription fees paid for Nib in the 12 months before the event giving rise to the claim. This paragraph does not apply where a separate written agreement sets a different limit.

Apple, iCloud and destinations chosen through the system share sheet are outside our direct control. You should keep an independent, authorised copy of records that would be difficult or harmful to lose.

18. Changes to these Terms

We may update these Terms to reflect changes to Nib, Apple’s requirements, security risks or the law. We will post the revised Terms with a new effective date and give appropriate notice of material changes. A change will not retrospectively remove rights or benefits already accrued. If you do not agree to a material change, you may stop using Nib and cancel any future subscription renewal.

19. General terms

If a court finds part of these Terms unlawful or unenforceable, the rest remains in effect. A delay in enforcing a right does not waive it. You may not transfer your rights or obligations under these Terms except where Apple’s usage rules allow or we agree in writing. We may transfer our rights and obligations as part of a reorganisation, sale or transfer of Nib, provided this does not reduce any mandatory rights you have.

These Terms, the Apple EULA, the Privacy Policy and any applicable separate written agreement are the entire agreement about Nib, except for statements or rights that the law does not allow to be excluded.

20. Governing law and disputes

Please contact us first at help@mynib.app so we can try to resolve a concern.

These Terms are governed by the law of England and Wales. If you are a consumer resident elsewhere in the United Kingdom, you keep the protection of any mandatory law that applies where you live and may bring proceedings in the courts of the part of the UK where you live. If you are a consumer outside the UK, any mandatory local rights and jurisdiction rules also remain unaffected. Business and organisational disputes are subject to the exclusive jurisdiction of the courts of England and Wales unless a separate written agreement says otherwise.

21. Contact