Terms of Service

1. Agreement to Terms

By accessing or using the Services, creating an account, starting a trial, or clicking to accept these Terms, you agree to be bound by this agreement ("Terms"). If you are using the Services on behalf of an institution, company, or other organisation, you represent that you have authority to bind that organisation, and "you" refers to both you individually and that organisation.

If you do not agree to these Terms, you must not access or use the Services. Your continued use of the Services after we post updated Terms constitutes acceptance of those changes, except where further consent is required by law.

2. Description of the Services

LearningWay.ai provides a cloud-based education and training platform that enables users to build and manage courses, deliver learning programs, enrol and support learners, store educational content, generate reports and analytics, and use AI-assisted teaching and administrative workflows (collectively, the "Services").

The Services may include, without limitation:

• Educator and administrator workspaces for course and program management
• Learner interfaces for browsing, studying, and tracking progress
• Content repositories, assessments, and delivery tools
• Reporting, analytics, and organisational administration features
• Integrations, APIs, and authentication options
• AI companion and automation features supporting teaching and learning activities

We may add, modify, or discontinue features from time to time. We will use reasonable efforts to avoid materially reducing core functionality of paid subscriptions during an active subscription term, except where required for security, legal compliance, or operational reasons.

3. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account unless you are provisioned access by an authorised institution or organisation. If you are under 18, you may only use the Services with the involvement and consent of a parent, guardian, school, or other legally authorised entity.

You may not use the Services if you are barred from doing so under applicable law or if we have previously suspended or terminated your access for violation of these Terms.

4. Accounts and Security

To access certain features, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to:

• Use a strong password and protect your authentication methods
• Notify us promptly of any unauthorised access or security breach
• Ensure that information associated with your account remains accurate and up to date
• Not share account credentials except as expressly permitted by your organisation

We reserve the right to refuse registration, reclaim usernames, or suspend accounts that we reasonably believe are misleading, infringing, or associated with fraudulent or abusive activity.

5. Institutional and Organisation Accounts

Where an institution, school, university, employer, or other organisation subscribes to or administers use of the Services, that organisation may control user provisioning, role assignments, content access, and data retention settings for its users.

Organisation administrators are responsible for configuring permissions appropriately, complying with applicable education, employment, and privacy laws, providing required notices to learners and staff, and managing user access when individuals join or leave the organisation.

If your account is created or managed by an organisation, the organisation's policies may also apply to your use of the Services, and the organisation may access, modify, export, or delete your account and associated data in accordance with its administrative rights.

6. Trials, Subscriptions, and Payment

Some features are available through free trials or paid subscription plans. Pricing, billing cycles, included features, and usage limits are described on our website or in an applicable order form or commercial agreement.

Unless otherwise stated in a separate written agreement:

• Free trials may be limited in duration, features, or number of users
• Paid subscriptions renew automatically until cancelled in accordance with the plan
• Fees are exclusive of applicable taxes unless stated otherwise
• Failure to pay may result in suspension or termination of access
• Refunds, if any, are provided only where required by law or expressly stated in writing

You authorise us and our payment processors to charge applicable fees using your selected payment method. If you believe a charge is incorrect, you must notify us promptly through our contact page.

7. Acceptable Use

You agree not to, and not to permit others to:

• Use the Services in violation of any applicable law, regulation, or third-party rights
• Upload, publish, or distribute unlawful, harmful, defamatory, harassing, or discriminatory content
• Infringe intellectual property, privacy, or publicity rights of others
• Upload malware, attempt unauthorised access, or interfere with platform security
• Probe, scan, or test the vulnerability of systems without our written permission
• Scrape, harvest, or collect user data except through features we expressly provide
• Reverse engineer, decompile, or attempt to derive source code except where permitted by law
• Misrepresent your identity, affiliation, or authority
• Use the Services to send spam or unsolicited communications
• Circumvent usage limits, access controls, or billing mechanisms
• Use AI features to generate content that violates academic integrity rules, assessment policies, or applicable institutional requirements

We may investigate suspected violations and take appropriate action, including content removal, account suspension, or termination.

8. Your Content and Learner Data

"Customer Content" means courses, lessons, files, assessments, messages, learner records, and other materials that you or your users upload, create, or submit through the Services. As between you and LearningWay, you retain ownership of Customer Content, subject to the licenses below.

You grant LearningWay a worldwide, non-exclusive license to host, store, reproduce, process, display, transmit, and otherwise use Customer Content solely as necessary to provide, maintain, secure, and improve the Services, comply with law, and enforce these Terms.

You represent and warrant that:

• You have all rights necessary to submit Customer Content and grant the license above
• Customer Content does not violate law or third-party rights
• You have provided any notices and obtained any consents required for learner data and educational records you upload or manage

You are solely responsible for the accuracy, quality, legality, and appropriateness of Customer Content and for how educators and learners use the platform within your organisation.

9. Intellectual Property

The Services, including software, design, branding, documentation, and all related intellectual property owned by or licensed to LearningWay, are protected by applicable intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

You may not:

• Copy, modify, distribute, sell, or lease any part of the Services except as allowed by law
• Remove proprietary notices or branding
• Use our trademarks, logos, or trade names without prior written consent
• Create derivative works based on the Services except as expressly permitted

If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback without restriction or compensation, except where prohibited by law.

10. AI Features and Generated Outputs

The Services may include AI-assisted features that generate suggestions, summaries, responses, assessments, or other outputs based on user inputs and platform data. AI outputs may be inaccurate, incomplete, or inappropriate for a particular educational context.

You are responsible for reviewing AI-generated outputs before relying on them in teaching, assessment, accreditation, compliance, or learner-facing contexts. AI features are provided as tools to support human judgment, not as a substitute for professional, academic, or regulatory decision-making.

Unless otherwise agreed in writing, we do not claim ownership of outputs generated specifically for you through the Services, but we do not guarantee that similar outputs will not be generated for other users from general platform capabilities.

11. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and understood the Privacy Policy.

12. Third-Party Services

The Services may integrate with or link to third-party websites, identity providers, payment processors, analytics tools, or other external services. Third-party services are governed by their own terms and policies. We are not responsible for third-party services and do not endorse them unless expressly stated.

13. Service Availability and Support

We strive to keep the Services available and secure, but we do not guarantee uninterrupted, timely, or error-free operation. The Services may be unavailable due to maintenance, upgrades, network issues, force majeure events, or circumstances beyond our reasonable control.

Support levels, response times, and service commitments may vary by plan or commercial agreement. Unless otherwise stated in writing, standard support is provided on a commercially reasonable basis during business hours.

14. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. LearningWay disclaims all warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, we do not warrant that:

• The Services will meet your specific educational, accreditation, or compliance requirements
• AI outputs will be accurate, complete, or suitable for any particular use
• Defects will be corrected immediately
• The Services will be free from harmful code or security vulnerabilities

Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

15. Limitation of Liability

To the maximum extent permitted by law, LearningWay and its directors, officers, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, business interruption, or educational outcomes, arising out of or related to the Services or these Terms, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or related to the Services or these Terms will not exceed the greater of:

• The amount you paid to LearningWay for the Services in the twelve months before the event giving rise to the claim, or
• One hundred Australian dollars (AUD $100)

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law or other applicable non-excludable law.

16. Indemnification

You agree to defend, indemnify, and hold harmless LearningWay and its personnel from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services
• Customer Content or learner data you submit or manage
• Your violation of these Terms or applicable law
• Your infringement of third-party rights
• Disputes between you and your learners, employees, or organisation members

17. Suspension and Termination

You may stop using the Services at any time. You may cancel a paid subscription in accordance with the cancellation process described for your plan.

We may suspend or terminate your access immediately if we reasonably believe you have violated these Terms, created risk or legal exposure for us or other users, failed to pay applicable fees, or if we are required to do so by law. We may also discontinue the Services or any part of them with reasonable notice where practicable.

Upon termination:

• Your right to access the Services ends
• Outstanding fees become due where applicable
• We may delete or retain Customer Content according to our data retention practices, applicable law, and any separate commercial agreement

Sections that by their nature should survive termination will continue to apply, including intellectual property, disclaimers, limitations of liability, indemnification, and governing law.

18. Export and Compliance

You agree to comply with all applicable export control, sanctions, and trade laws. You may not use the Services if you are located in, or acting on behalf of a party located in, a jurisdiction subject to comprehensive sanctions or if you are a prohibited party under applicable law.

19. Governing Law and Disputes

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles. You agree that the courts located in Victoria, Australia will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, except where applicable consumer law grants you non-waivable rights to bring proceedings in another jurisdiction.

Before commencing formal proceedings, the parties agree to attempt in good faith to resolve disputes by contacting each other through the details in Section 21.

20. General Provisions

• Entire agreement: these Terms, together with the Privacy Policy and any applicable order form or commercial agreement, constitute the entire agreement regarding the Services
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets
• Severability: if any provision is unenforceable, the remaining provisions remain in effect
• No waiver: failure to enforce a provision is not a waiver of future enforcement
• Force majeure: we are not liable for delay or failure caused by events beyond our reasonable control
• Relationship: nothing in these Terms creates a partnership, agency, or employment relationship between the parties

21. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page and revise the "Last updated" date above. Where required by law, we will provide additional notice. Your continued use of the Services after updated Terms become effective constitutes acceptance, except where further consent is required.

22. Contact Us

If you have questions about these Terms, please contact us:

• Phone: +61 (03) 9078 2976
• Address: 90 Collins Street, Melbourne, VIC 3000

You may also reach us through our contact page.