These terms are written to be read by a principal or a business manager, not only by a lawyer. Where a clause creates an obligation on us, it says so in ordinary words and gives a timeframe. A school that signs up should not be surprised later.
Reason Education is a business name of registered entity name — to be confirmed (ACN acn — to be confirmed, ABN abn — to be confirmed) of registered office address — to be confirmed (“we”, “us”, “our”).
Definitions
In these terms:
- 1.1 AI Analysis
- means the optional feature in which an image of a student's handwritten working out is sent to a third-party AI model, which returns a description of the method the student used and where it appears to have broken down.
- 1.2 Assessment
- means a set of maths questions delivered to a Student through the Student App.
- 1.3 Authorised User
- means a person the School permits to use the Service — its teaching staff, its school administrators, its principal, and its Students.
- 1.4 Australian Consumer Law
- means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- 1.5 Business Day
- means a day that is not a Saturday, Sunday or public holiday in Victoria. Business hours are 8:30am to 5:00pm Melbourne time on a Business Day.
- 1.6 Curriculum Material
- means curriculum descriptors, achievement standards and related material published by the Victorian Curriculum and Assessment Authority and the Australian Curriculum, Assessment and Reporting Authority, and any material we derive from it.
- 1.7 Data Breach
- means unauthorised access to, unauthorised disclosure of, alteration of, or loss of School Data.
- 1.8 Fees
- means the subscription fees stated in the Order Form.
- 1.9 Order Form
- means the document by which a School subscribes, stating the Fees, the Subscription Period, the Authorised Users covered and the School's authorised contact.
- 1.10 Personal Information
- has the meaning given in the Privacy Act 1988 (Cth).
- 1.11 School
- means the school, school council, diocese, system authority or other entity named in the Order Form (“you”, “your”).
- 1.12 School Data
- means all data the School or its Authorised Users enter into or generate in the Service — student records, enrolments, Assessment answers, images of handwritten working out, curriculum judgements, growth history, AI Analysis output, and staff account details.
- 1.13 Service
- means the Reason Education maths assessment service: the Student App, the Staff Portal, and everything we supply with them.
- 1.14 Staff Portal
- means the web application through which School staff set Assessments, view results and administer accounts.
- 1.15 Student
- means a student of the School in Years 1 to 6 who is given access to the Student App.
- 1.16 Student App
- means the application in which a Student sits an Assessment, including the canvas on which they show their working out.
- 1.17 Sub-processor
- means a third party we engage that holds or receives School Data. The current list is at clause 20.
- 1.18 Subscription Period
- means the period stated in the Order Form, and any renewal of it.
- 1.19 Website
- means production domain — to be confirmed and any page on it.
- 1.20 Working Out
- means the handwritten or typed record of how a Student reached an answer, captured in the Student App.
Interpretation
2.1The singular includes the plural and the reverse.
2.2A reference to a person includes a company, a school council, an authority and any other legal entity.
2.3Headings are for convenience and do not affect meaning.
2.4“Including”, “for example” and “such as” are illustrative and do not limit what precedes them.
2.5“In writing” includes email to an address a party has nominated.
2.6A reference to a statute includes any statute that replaces it.
2.7Times are Melbourne time. Money is Australian dollars.
2.8These terms are not to be read against us merely because we drafted them.
Scope, acceptance and changes
3.1What these terms cover. These terms govern three things: use of the Website by anyone; the licence granted to a School that subscribes; and use of the Service by every Authorised User.
3.2How the agreement is formed. A person who uses the Website accepts clauses 1, 2, 3, 22, 23, 28 and 30 to 33 by using it. A School becomes bound to the whole of these terms when it signs or returns an Order Form, and we become bound when we accept that Order Form.
3.3The documents that make up the agreement. These terms, the Order Form, and the documents named in them: the Privacy Policy, the Responsible AI Policy and the Data Retention and Deletion Policy. If the Order Form and these terms disagree, the Order Form wins for price and term, and these terms win for everything about data.
Clause 3.4 — how we may change these terms
A change that reduces a protection these terms give the School takes effect only at renewal, on at least 60 days' written notice, and the School may decline it and terminate instead of accepting it. Any other change takes effect on 14 days' written notice. We notify the School's authorised contact directly; we do not rely on a School noticing a new version on the Website.
3.5Changes to the Privacy Policy or the Collection Notice are notified 14 days in advance and are acknowledged by staff at their next sign-in.
3.6These terms replace anything said or agreed before them, including anything said in a demo, a proposal or a tender response, unless it is written into the Order Form.
What the Service does — and what it does not do
4.1Students in Years 1 to 6 sit maths Assessments in the Student App and show their Working Out on-device. Staff see results, curriculum judgements and growth history in the Staff Portal. Curriculum coverage is Victorian Curriculum 2.0 (derived from the Australian Curriculum V9.0).
Clause 4.2 — marking is arithmetic
Correct or incorrect is decided by code against an answer key. The AI never decides a mark. AI Analysis describes the method a child used and where it broke down, for a teacher to read alongside the child's actual work. The teacher decides. Every curriculum judgement recorded in the Service is a teacher's judgement, not the model's.
4.3The Service does not talk to Students with AI, does not compare one child to another, does not predict future performance, and makes no claim about any condition, disorder or disability. These are commitments, not features we have not got to yet, and they are set out in the Responsible AI Policy.
4.4There is no messaging of any kind in the Student App. A Student cannot send a message to anyone and no one can send one to a Student. A child's route to an adult is their teacher, in the room. That is a design decision.
4.5We publish no accuracy figure for the AI. We will not publish one until there is a stated evaluation set, method, date and model version behind it. Any figure quoted to you that does not carry all four is not ours.
4.6The Service is decision support for a teacher. It is not a diagnostic tool, not a psychological or educational assessment instrument, and not a substitute for the professional judgement of a teacher or a specialist.
Term, renewal and expiry
5.1The Service is available to the School and its Authorised Users for the Subscription Period.
5.2The Subscription Period renews automatically for a further twelve months unless either party gives the other written notice, at least 60 days before the Subscription Period ends, that it does not intend to renew.
5.3Where the Fees will change on renewal, we tell the School the new Fees in writing at least 90 days before the Subscription Period ends, so the notice at clause 5.2 can be given with the price known.
5.4On expiry, access to the Service ends and staff accounts are disabled. Clause 17 (deletion) and clause 18 (export) then apply. These terms continue to bind both parties to the extent clause 32.7 says they do.
Fees, payment and GST
6.1The Fees, the billing frequency and the payment method are in the Order Form.
6.2Fees are payable within 30 days of the date of a correct tax invoice, unless the Order Form says otherwise.
6.3Fees are exclusive of GST. Where GST applies, it is added and shown separately on the invoice.
6.4Fees are for the licence. Export and deletion are free, always — clauses 17 and 18 — and we will not withhold either over a fee dispute.
6.5If Fees are not paid, we will tell the School in writing and give it 30 days to pay before we suspend access. We do not suspend a School without that notice, and suspension does not delete data.
6.6Fees are non-refundable, except where these terms expressly provide a refund: clause 12.5 (a change of country the School objects to), clause 30.4 (termination by the School for our material breach), and clause 30.6 (if we cease to trade). In each of those cases the refund is pro-rata for the unused part of the Subscription Period.
6.7The School tells us promptly when its billing contact or details change.
Licence to use the Service
7.1We grant the School a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for the Subscription Period, for the purpose in clause 7.3, and to permit its Authorised Users to do the same.
7.2The School may sub-license access only to its own Authorised Users, and is responsible for what they do with it.
7.3The permitted purpose is: setting maths Assessments, recording what a child answered and how they worked it out, and helping a teacher decide what a child understands against the Victorian Curriculum. That is the whole permitted purpose. Anything the Service happens to make possible that does not serve that purpose is not permitted use.
7.4Staff may view, download and print reports and Assessment material for the School's own teaching, reporting and moderation purposes, including sharing a child's report with that child's parent or carer. They may not publish it, sell it, or supply it to another school or to a commercial party.
7.5The School may not, and will not permit anyone else to: reverse engineer, decompile or modify the Service; remove or obscure a copyright or ownership notice; use automated tools to extract data at scale; resell, rent or sublicense access; or use the Service or anything in it to build a competing product.
7.6Accounts are not transferable. The School may not assign its account to another school or entity without our written consent, which we will not unreasonably withhold on a genuine amalgamation or change of governance.
Accounts and sign-in
8.1Staff accounts. Staff accounts are administered by the School. The School keeps its user list current, removes access when a staff member leaves, and does not share accounts. One account, one person — every view of a child's work is logged against the account that viewed it, so a shared account destroys the only record of who looked.
8.2Second factor. A second factor is mandatory for school administrator and principal accounts and cannot be turned off, because those accounts create and remove other accounts. Teachers may enrol a second factor, and a School may require it for every account.
8.3Lost second factor. Where an administrator or principal loses their second factor, we can restore their ability to enrol a new one on a verified request. That process recovers the second factor only: it gives no one access to the account, it does not bypass the password, it is logged, and the School is told it happened. The written procedure is available on request.
8.4Student sign-in. A Student signs in by scanning a signed, single-use QR token printed on a card generated in the Staff Portal. The token authenticates once and is then spent. There are no student PINs — no reusable student credential is stored anywhere in a form that can be read back. Where a School cannot scan, the teacher issues a short-lived one-time code at the moment of sign-in; it is stored hashed, expires quickly and works once.
Clause 8.5 — printed cards are credentials
Until it is used, a card is a credential. The School will: print cards from the Staff Portal only and hand each card to the named Student directly; not photograph, email or post a card into a shared drive or messaging app; keep unissued and spare cards where students and visitors cannot reach them; shred misprints and superseded cards; reprint through the Staff Portal when a card is lost; and tell us if a batch is lost or exposed so we can revoke the tokens. Reprinting always invalidates the previous token — there is never a state in which two live cards exist for one Student.
8.6The School tells us without delay if it suspects an account has been accessed by someone who should not have it. Contact details are at clause 33.
Acceptable use
9.1The School and its Authorised Users will not: attempt to access another school's data; probe or bypass the Service's controls; use automated tools to extract data at scale; resell or sublicense access; or use the Service to store or send material that is unlawful or harmful to a child.
9.2Authorised Users will behave decently in the Service. The Working Out canvas is for maths. It is not checked by the Service for what is drawn on it — a person has to look — which is why a teacher reviews Working Out before releasing anything.
9.3We may suspend an account, or a School, immediately where there is a real risk to student data or a serious breach of clause 9.1. We will tell the School the same day and say why, and restore access as soon as the risk is dealt with.
9.4The full Acceptable Use Policy applies, and a child-friendly version is published for Years 1 to 6.
Who owns the data, and what our role is
10.1The School owns its data. School Data belongs to the School. Nothing in these terms transfers ownership to us, and we do not assume ownership of any data that passes through the Service.
Clause 10.2 — we are a processor, acting on the School's instructions
We use School Data only to provide the Service to that School, to keep it secure, and to meet a legal obligation. We do not sell it. We do not share it with an advertiser, a data broker or an analytics provider. The Service carries no analytics, no trackers and no ad networks. We do not use it to build a product for anyone else.
10.3We do not use School Data to train any AI model, and the model provider is contractually barred from training on it. See clause 13.
10.4Segregation. School Data is segregated by school. There is no cross-school discovery: a user in one school cannot search for, list or reach a student, staff member or record in another school.
10.5Instructions. Instructions about a School's data come from the person the School has nominated in writing as its authorised contact. We will not act on an instruction about a School's data from a parent or any other third party. If an instruction would require us to break the law or these terms, we will say so in writing rather than carry it out.
10.6Compliance. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and we handle School Data consistently with the Privacy and Data Protection Act 2014 (Vic) and the Victorian Protective Data Security Standards as they apply to the School. Where the School is bound by an obligation we are not directly bound by, we will do what the School reasonably needs to let it meet that obligation.
Where the data is held
11.1School Data is hosted in Microsoft Azure, Australia Southeast (Melbourne) — the live application, the database and the stored images. Backups and disaster recovery copies are held in Australia. Support and administration are performed from Australia.
11.2The one exception is the AI Analysis call, described in clause 13 and named there by country. We do not claim that nothing leaves Australian jurisdiction, because that claim would not be true.
Notice before anything moves
12.1We will notify the School in advance and in writing before we relocate or expand into another country any of: the hosting of the live Service; backup or disaster recovery storage; test or development environments, if they ever hold School Data; the AI model or the infrastructure that hosts it; or personnel — our own staff, contractors or support providers — with access to unencrypted School Data.
12.2The notice periods. The written notice we owe you, by the kind of change:
| Change | Written notice before it takes effect |
|---|---|
| A change of hosting country for the live Service, backups or disaster recovery | 90 days |
| A change of the country the AI model is hosted or served from | 90 days |
| Any other relocation or expansion in clause 12.1, including a new country for personnel with access to unencrypted data | 30 days minimum |
| A new Sub-processor that receives School Data | 30 days minimum |
12.3The notice names the country, the provider, what data is affected, and why.
12.4Where a provider forces a change on us with less notice than we owe the School, we tell every affected School within 2 Business Days of learning of it.
12.5The School's right to object. A School that objects may terminate the affected part of the Service, or the whole agreement, before the change takes effect, and receive a pro-rata refund of Fees paid in advance. For an AI hosting change the School may instead simply turn AI Analysis off and keep using the rest of the Service.
Clause 12.6 — emergency exception, stated honestly
If a failure means the only way to keep the Service running or to restore data is to use capacity in another country, we may do it first and tell the School within 24 hours, with what was moved and for how long. We will not use this clause to make a permanent change without the notice at clause 12.2.
AI Analysis
Read this clause closely
It is the one most likely to be summarised inaccurately.
13.1The AI is designed to receive and process Personal Information. A photograph of a child's handwritten Working Out is Personal Information at the model, and we say so rather than answering otherwise. Everything below describes how we bound that, not how we avoid it.
13.2What crosses to the model. The payload is assembled from an allow-list — built up from named fields, not produced by stripping identifiers out of a full record. It contains the image of the Working Out, the question, the answer key, whether the answer was marked correct, and the year level as a band (“middle primary”), never as a year number. It contains no identifier of any kind — no name, no student number, no database id, and no pseudonymous token, because a pseudonymous token is still an identifier and would make every request for one child linkable to every other. One answer is sent per request.
13.3The image is pseudonymised. That is the word we use, and we use no stronger one. We know what we put into the payload. We cannot know what a child drew on the page.
13.4Names on the page — the honest position. Children write their names on their work. That is what every child has been taught to do since Foundation, and no instruction will stop it entirely. Four controls apply:
- Design — the canvas has no name field, no header region and no title page. Nothing invites a name.
- Instruction — a hint on the canvas the child sees, and a note to the teacher when work is sent.
- Pre-send scan — every piece of text in the payload is checked against the roster of the class actually sitting the paper. A hit means the page is not sent, and the teacher is told to read the Working Out themselves.
- Post-call scan — the model's response is checked against the same roster. A hit means the response is quarantined before it is stored, so the name is never written into our database.
What we will not claim
We never claim the AI can never see a name. Control 4 is a detection after the call has been made, not a prevention. A child may write identifying details on their page, and where a model echoes them back we detect and quarantine it. Where it does not echo them, we cannot see it. A School told “never” that then receives a quarantine notice has been misled, so we tell you now.
13.5The School's part. The School instructs Students not to write their names on the Working Out canvas, in the same way it instructs them about anything else in a test. This is control 2, and it is the cheapest and most effective of the four.
13.6No training. The model provider is contractually barred from training any model on School Data, and from retaining it beyond what is needed to return the response. If we ever change providers, this is the first term we check, and a provider who will not agree to it is not a provider we can use. Model calls are made to Anthropic in the United States. That is the one place School Data leaves Australia, it is named here, and clause 12.2 gives 90 days' notice before that country changes.
13.7The School can turn AI Analysis off. A School may turn AI Analysis off for the whole school at any time, in writing, and keep every other part of the Service — Assessments, marking, results, curriculum judgements and growth history all work without it, because marking is arithmetic. We action the request within 2 Business Days.
13.8Contesting an AI output. Where a School considers an AI output wrong or harmful, it tells us and we acknowledge the same day. The matter is reviewed by our AI Accountability Owner, who may halt a release or stop AI Analysis, and the School gets a written answer within 5 Business Days.
Consent for AI Analysis
14.1Whether parental consent is required, and what form it takes, is the School's determination under its own policy and its department's guidance. We do not make that decision for a School and we will not advise on it.
14.2What we do is record it. The School records in the Staff Portal its determination — that consent is not required, that it has been obtained, or that it has been declined for a named student — with the date and the staff member who recorded it. The record is auditable and exportable.
14.3Where a School records that consent is declined or withdrawn for a Student, AI Analysis stops for that Student's work from that point. Withdrawal is as easy to record as consent and takes effect immediately.
14.4The consent record is a record of the School's decision. It is not our assessment that the decision was correct, and we do not represent it as one.
Changes to the AI model or prompt
15.1We notify the School in writing at least 14 days before any change to the AI model version or any material change to the prompt or the output contract. The notice states the current version, the new version, what changes about the output, and what we tested before shipping it.
15.2Model and prompt versions are pinned in source. We never point at “latest”, so a provider updating their model does not silently change what a teacher reads.
15.3A change history is published on the Website, so a School can see what changed and when.
15.4A School that does not want a change may turn AI Analysis off under clause 13.7. We will not treat continued use as agreement to something we did not tell you about first.
15.5A change of the country the model is hosted in is a hosting change and gets 90 days under clause 12.2, not 14.
Data breach notification
Clause 16.1 — 24 hours, at the latest
If a Data Breach affects a School's data, we notify that School as soon as possible after we discover it, and within 24 hours of discovery at the latest. We do not wait until the investigation is finished.
16.2The notification gives all relevant details we hold at the time, and specifically: what happened and when we discovered it; which individuals are affected, by name where we can identify them; what information was involved — the actual fields and records, not a category; whether the information was disclosed, altered, lost or made unavailable; what we have done to contain it; what we recommend the School do; and who at our end owns it and when the next update comes.
16.3We then update the School at least every 48 hours until the matter is contained, and give a written closing report within 10 Business Days of containment. The report says what changed in our systems as a result, or records why no change was warranted.
16.4Breaches at a third party. Clauses 16.1 to 16.3 apply in the same terms and to the same timeframes to a breach or loss event in any third party that receives School Data from us — a Sub-processor, a hosting provider, the model provider, or any recipient the School has directed us to send data to. We notify the School ourselves. We do not leave a School to be told by somebody it has no contract with, and we do not treat “the third party will notify you” as discharging our obligation. Our contracts with Sub-processors require them to notify us without delay.
16.5The School decides what it tells parents, students and its department, and when. We will not contact a School's parents or students about a breach without the School's written instruction. We will give the School whatever information and drafting help it asks for. Where the Notifiable Data Breaches scheme applies, we will support the School's assessment and make our own notification where the obligation is ours.
Retention and deletion
17.1We keep School Data for as long as the School is a customer, and only for as long as it is needed for the Service. The full schedule is in the Data Retention and Deletion Policy; the timeframes below are contractual.
17.2Deletion on request. The School may ask us in writing to delete a Student's record, a cohort, or all of its data. We acknowledge within 2 Business Days and delete from live systems and stored images within 30 days of the request.
17.3Deletion on termination. When the agreement ends, the School has 60 days to export its data under clause 18. At the end of that period, or earlier if the School asks, we delete all of the School's data from live systems within 30 days.
Clause 17.4 — what backups mean for deletion
Encrypted backups are retained for 100 days and then expire. Deleted data therefore persists in backups for up to a further 100 days and is destroyed as those backups age out — a maximum of 130 days from instruction to last copy gone. We will not restore a deleted record from backup except to recover from a failure, and if a restore reintroduces deleted data we re-delete it and tell the School. We say this rather than claiming instant erasure everywhere, because instant erasure everywhere is not how backups work.
17.5Deletion certificate. We issue a written deletion certificate automatically — the School does not have to ask. It is issued within 5 Business Days of completing the live-systems deletion and states what was deleted, how many records, the date it completed, and the date the last backup containing it expires. A second confirmation is issued automatically when that backup has expired.
17.6Inactive accounts. A Student is dormant when they have had no current enrolment for 12 months. At 11 months the School is given a pending-deletion list and has 30 days to re-enrol or confirm; at 12 months the record is deleted and a certificate issued. A staff account is dormant after 12 months with no successful sign-in; it is disabled at 11 months with the School's administrator notified, the School has 30 days to keep it, and it is deleted at 12 months. We report before deleting because a School, not us, knows whether a child has left. Enrolment, not sign-in, is the Student test — a child can be enrolled all year and never sign in, and deleting them for that would be wrong.
17.7We may keep a minimal audit record of the fact of a deletion — what was deleted, when, and on whose instruction — after the data itself is gone. That record contains no student Personal Information.
Export
18.1All of the School's data in the Service is available for export on written request, at no cost, in a reusable form.
18.2We provide the export within 10 Business Days of the request. It contains student records, Assessment answers and results, curriculum judgements and growth history as CSV and XLSX files, and the images of Working Out as PNG files, with a manifest saying which image belongs to which answer.
18.3Export is not conditional on the account being in good standing, and we will not withhold an export over a fee dispute.
Access, correction and deletion requests
19.1The School may ask us at any time, free of charge, to give access to, correct, or delete Personal Information held in the Service. We acknowledge within 2 Business Days and complete the request within 30 days. If a request is genuinely complex we will say so in writing before day 30 and give a completion date.
19.2Where a request comes from a parent or a student, the split of responsibility is:
| The School | Us | |
|---|---|---|
| Receives the request | Yes — the School is the point of contact | We redirect any request we receive to the School within 2 Business Days, and tell the person we have done so |
| Decides identity and authority | Yes | No — we do not assess a parent's authority over a child's record |
| Decides whether to grant, refuse or partly grant | Yes | No |
| Retrieves, corrects or deletes the records | Instructs us | We do it, to the timeframes in clause 19.1 |
| Replies to the parent or student | Yes | No |
19.3We do not make promises to parents about a School's data, including promises about deletion. That is the School's to determine under its own obligations. We describe what we do, and we give the School the mechanism.
19.4If a correction changes a curriculum judgement or an Assessment record, the change is recorded in the audit log with who instructed it. Corrected records are not silently overwritten.
Sub-processors
20.1The Sub-processors that may hold or receive School Data are:
| Sub-processor | What for | Where | Data |
|---|---|---|---|
| Microsoft Azure | Hosting, database, image storage, backups | Australia Southeast (Melbourne) | All School Data |
| Anthropic | The AI Analysis call and account administration | United States | The clause 13.2 payload only. No identifier. Barred from training on it |
| Amazon Web Services — Amazon SES | Staff email: sign-in, password reset, notices | Australia, ap-southeast-2 (Sydney). Any change of country is notified under clause 12.2 | Staff name and school email address, and the message itself, including single-use account-recovery links. No student data |
| Have I Been Pwned range API | Checking a staff password against known breached passwords | Operated by Superlative Enterprises Pty Ltd, an Australian company; served from a global CDN edge, so a request may terminate outside Australia | The first five hexadecimal characters of a SHA-1 of a staff password. No user data, no student data, no password, no name, no email |
20.2Adding a Sub-processor that receives School Data requires 30 days' notice under clause 12.2, and a School may object and terminate. Every Sub-processor is bound in writing to the purpose, the scope and the scale of the data it receives, to the security controls it must operate, to our ownership terms, and to the breach notification obligation at clause 16.4.
20.3The Service carries no analytics, no trackers, no ad networks, and no remote fonts or content delivery networks. Nothing on a page a child sees calls out to a third party.
Support, incidents and complaints
| Channel | Contact | We acknowledge | We resolve or give a plan |
|---|---|---|---|
| Support and faults | support email — to be confirmed · phone — to be confirmed | 1 Business Day | 5 Business Days |
| Service down or data at risk | Support email, marked URGENT · phone | 4 business hours | Same-day update, then daily until resolved |
| Privacy question, complaint, or an access/correction/deletion request | privacy email — to be confirmed | 2 Business Days | 30 days (clause 19.1) |
| A concern about a child's safety or wellbeing arising from the Service | child safety email — to be confirmed | Same day | Same-day first response |
| An AI output the School considers wrong or harmful | Privacy email | Same day | Written answer within 5 Business Days (clause 13.8) |
21.1Business hours are 8:30am to 5:00pm Melbourne time on Victorian Business Days.
21.2A complaint that is not resolved to the School's satisfaction escalates to the Founder and CEO, who is also our Privacy Officer. Where the complaint concerns the AI it also goes to the Founder and CTO, our AI Accountability Owner, who may halt a release or stop AI Analysis. From there the School may go to the Office of the Australian Information Commissioner or the Office of the Victorian Information Commissioner. We will tell a School about that right rather than waiting to be asked.
Clause 21.3 — what we do not offer
We are a small founder-run company. We do not offer 24/7 support and we do not pretend to. The table above is what we can actually meet. Our urgent phone line is answered outside hours for security and child safety matters.
The School's responsibilities
22.1Accuracy. The School is responsible for the student records it enters, including that a Student is enrolled and in the class they are assigned to.
Clause 22.2 — what not to put in
The Service is for maths assessment. Do not enter health information, protection orders, custody arrangements, behavioural or wellbeing notes, government identifiers, or financial details. The Service is not designed to hold them and is not assessed to hold them.
22.3Instructing students. The School instructs Students not to write their names or other identifying details on the Working Out canvas. See clause 13.5.
22.4Authority. The School warrants that the person who signs the Order Form is authorised to bind it, that the information it gives us on subscribing is accurate, that it will comply with these terms and applicable laws, and that it is responsible for the conduct of its Authorised Users.
22.5Devices. The School provides and maintains the devices and network the Service runs on, and is responsible for their security and for antivirus protection on them.
Intellectual property
23.1All intellectual property in the Service — the software, the Staff Portal, the Student App, the question banks, the report formats, the prompts, the branding and everything we supply with them — belongs to us or our licensors. Nothing in these terms transfers it.
23.2Clause 23.1 does not apply to School Data, which the School owns under clause 10.1.
23.3Nothing on the Website or in the Service may be copied, republished, broadcast or distributed beyond the licence in clause 7.
23.4Feedback. Where a School or a staff member gives us feedback or a suggestion, we may use it to improve the Service without any obligation. Feedback is not School Data and we do not extract School Data as feedback.
Curriculum and third-party material
24.1Curriculum Material published by the Victorian Curriculum and Assessment Authority (VCAA) is VCAA copyright and is used licence or permission status — to be confirmed. VCAA does not endorse this product and gives no warranty about material we derive from its curriculum.
24.2Material published by the Australian Curriculum, Assessment and Reporting Authority (ACARA) is ACARA copyright. ACARA neither endorses nor verifies the accuracy of material we derive from it, and accepts no responsibility for incomplete or inaccurate information, including about the alignment of our content to curriculum content descriptions.
24.3Any alignment we state between a question and a curriculum descriptor is our interpretation, offered to save a teacher time. It is not a VCAA or ACARA determination, and a teacher may disagree with it.
24.4The Website may link to third-party sites. We do not review them, a link is not an endorsement, and we are not responsible for their content.
Confidentiality
25.1Each party keeps confidential the non-public information it receives from the other, uses it only for the purposes of these terms, and discloses it only to people who need it and are bound to keep it confidential.
25.2School Data is the School's confidential information. Our pricing, our security documentation and anything about the Service not published on the Website is ours.
25.3Either party may disclose confidential information where the law requires it. Where we are compelled to disclose School Data, we will tell the School before we do so unless we are legally prohibited from telling them, and we will disclose only what we are compelled to disclose.
25.4This clause survives termination.
What we promise, and what we do not
26.1What we promise. We will provide the Service with reasonable care and skill, using suitably qualified people; we will comply with these terms, the Privacy Policy and the Responsible AI Policy; and we have the right to grant the licence in clause 7.
26.2Availability. We aim to keep the Service available in school hours and we plan maintenance outside them where we can. We do not guarantee uninterrupted or error-free operation, and we do not offer a contractual uptime figure. We will not publish one until we can meet it.
Clause 26.3 — accuracy of AI output
AI Analysis is a description of a method, produced by a statistical model, for a teacher to weigh against the child's actual work. It can be wrong. It is not a mark, it is not a diagnosis, and it must never be relied on as the sole basis for a decision about a child. The teacher's judgement governs. Clause 13.8 is how you tell us when an output is wrong.
26.4We do not warrant that the Service is fit for any purpose beyond the permitted purpose in clause 7.3, and a School should satisfy itself that the Service suits its needs before subscribing.
Indemnity
27.1The School indemnifies us against loss we suffer arising from: its use of the Service outside the permitted purpose or in breach of clause 7.5 or 9.1; its entry of data prohibited by clause 22.2; or a third-party claim that data the School put into the Service infringes that third party's rights.
27.2We indemnify the School against loss it suffers from a third-party claim that the Service infringes that third party's intellectual property. If such a claim is made we may, at our cost, modify the Service, obtain a licence, or terminate and refund the unused part of the Fees.
27.3An indemnity under this clause is reduced to the extent the loss was caused by the indemnified party's own act or omission. The indemnified party must notify the other promptly, not admit liability, and allow the other to conduct the defence.
Australian Consumer Law, exclusions and liability
Clause 28.1 — the Australian Consumer Law comes first
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where the Australian Consumer Law applies and permits us to limit our liability, our liability for a failure to comply with a consumer guarantee is limited, at our option, to resupplying the Service or paying the cost of having it resupplied.
28.2Subject to clause 28.1, all terms, warranties and conditions implied by law are excluded to the extent the law allows.
28.3Losses neither party can recover. Subject to clause 28.1 and 28.5, neither party is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss, however caused.
28.4The cap. Subject to clauses 28.1 and 28.5, our total liability to the School for all claims arising in any twelve-month period, whether in contract, tort (including negligence), statute or otherwise, is limited to the total Fees paid by the School in the twelve months before the first of those claims arose.
Where the claim arises from our breach of clause 10 (data), clause 16 (breach notification), clause 17 (deletion) or clause 25 (confidentiality), the cap is enhanced cap — proposed 3× fees — to be confirmed.
28.5What is never capped. Nothing in clauses 28.3 or 28.4 limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or a party's indemnity under clause 27.1 or 27.2.
28.6The School must take reasonable steps to mitigate any loss.
28.7The School acknowledges that the Fees reflect the allocation of risk in this clause.
28.8Website visitors. Content on the Website is general information about the Service. It is not professional, educational or legal advice, and it should not be relied on as the basis for a procurement decision without the Order Form and these terms.
Relationship of the parties
29.1Nothing in these terms creates a partnership, joint venture, employment or agency relationship. Neither party may hold itself out as able to bind the other.
29.2We do not represent that we are endorsed by, affiliated with or accredited by any department of education, curriculum authority or assessment scheme unless we say so in writing and name the scheme.
Suspension and termination
30.1We may suspend access immediately where there is a real risk to student data or a serious breach of clause 9.1. We will tell the School the same day and why, and restore access as soon as the risk is dealt with.
30.2We may suspend access for non-payment only after the notice and 30-day period in clause 6.5.
30.3Suspension does not delete data and does not stop the School exercising its export rights under clause 18.
30.4Either party may terminate for a material breach the other has not fixed within 30 days of written notice. Where the School terminates for our material breach, it receives a pro-rata refund of Fees paid in advance.
30.5The School may also terminate under clause 3.4 (a change reducing a protection), clause 12.5 (a change of country) or clause 20.2 (a new Sub-processor).
Clause 30.6 — if we cease to trade or transfer the business
We will give the School 90 days' notice, a full export, and a deletion certificate. School Data is not an asset we can sell, and a purchaser takes it only on these same terms and only with the School's written agreement.
30.7On termination, clause 17.3 governs deletion and clause 18 governs export.
Status of features
31.1Where a feature described in these terms is not yet available, we tell the School in writing before it signs, say when it lands, and say how the same commitment is met in the meantime. The obligation in these terms applies either way; only who presses the button differs.
31.2We will not describe a control as operating when it is specified but not built, in these terms, in a tender response, or in a demonstration.
General
32.1Assignment. The School may not assign these terms without our written consent, which we will not unreasonably withhold on a genuine amalgamation or change of governance. We may assign only in accordance with clause 30.6.
32.2Severability. If a provision is unenforceable, it is severed to the extent necessary and the rest continues.
32.3Waiver. A failure to enforce a right is not a waiver of it. A waiver is effective only in writing.
32.4Notices. Notices to the School go to its authorised contact in the Order Form. Notices to us go to the addresses in clause 33. Email is sufficient. A notice is taken to be given when sent, unless the sender knows it failed.
32.5No third-party rights. A person who is not a party cannot enforce these terms.
32.6Force majeure. Neither party is liable for a failure caused by something genuinely outside its control, but this does not excuse an obligation to pay, to notify a breach under clause 16, or to export data under clause 18.
32.7Survival. Clauses 10, 16, 17, 18, 19, 23, 25, 27, 28 and 32 survive termination or expiry for as long as they need to.
Governing law, disputes and contact
33.1These terms are governed by the laws of Victoria, Australia.
33.2Any dispute is to be handled in Victoria, Australia, and both parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts able to hear appeals from them.
33.3Before starting proceedings, each party will raise the matter in writing with the other and allow 20 Business Days for it to be resolved. This does not stop either party seeking urgent relief.
33.4Contact us. Reach us here. Officer roles are named rather than people, so a change of founder does not date this page — the signed Order Form names them.
| Support and faults, security concerns | support email — to be confirmed |
|---|---|
| Privacy questions, complaints, access and deletion requests | privacy email — to be confirmed |
| Child safety concerns | child safety email — to be confirmed |
| Urgent — security or child safety, including out of hours | phone number — to be confirmed |
| Post | registered office address — to be confirmed |
Issued
Terms of Service v1.0, issued 26 August 2026. Effective on the date the service is first made available to schools. Next review 26 August 2027, or on any change to hosting, sub-processors, the AI model or the sign-in method.