Terms of Use – Smart Mindz

Last Updated: AUG 2026

Terms of Use Last Updated: August 2026

1.1. Age Requirements: The Platform is designed for educational use by children, but accounts must be created and managed by an adult. By creating an account, you represent and warrant that you are at least 18 years of age and possess the legal authority to form a binding contract.
1.2. Parent and Guardian Consent: If you are a parent or legal guardian registering an account for a minor to use the Platform, you explicitly grant consent for the minor to use the Platform and for the Company to collect and process the minor’s data in accordance with our Privacy Policy. You are solely responsible for monitoring and supervising the minor’s use of the Platform.
1.3. School and Educator Accounts: If you are accessing the Platform on behalf of a school, educational institution, or as a teacher, you represent and warrant that you have the requisite authority to bind the institution to these Terms and that you have obtained all necessary parental consents required by local law before allowing students to access the Platform.
1.4. Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must immediately notify the Company of any unauthorized use or security breach of your account.

2. Voice Recordings and Data Processing

2.1. Microphone Access: Core features of the Platform (such as the Word Wizard and Comprehension modules) require access to the user’s device microphone to process speech and evaluate reading/spelling accuracy. By using these features, you consent to the real-time processing of this audio data.
2.2. Privacy Policy: The collection, use, and storage of all personal information, including children’s voice data and performance metrics, are governed strictly by our Privacy Policy. We do not sell student data to third parties.

3. Subscriptions, Billing, and Payments

3.1. Subscription Fees: Access to premium features requires a paid subscription. Subscription fees are billed in advance on a recurring basis (e.g., monthly or annually) depending on the plan selected at checkout. All fees are stated in the currency displayed at checkout and are inclusive of Australian Goods and Services Tax (GST) where applicable.
3.2. Automatic Renewal and Cancellation: Subscriptions automatically renew at the end of each billing cycle unless you cancel your subscription through your Parent Dashboard prior to the renewal date. If you cancel, you will retain access to the Platform until the end of your current paid billing period.
3.3. No Refunds: Except as required by the Australian Consumer Law (ACL), all subscription fees are non-refundable. We do not provide refunds or credits for partial months of service or for unused accounts.

4. Acceptable Use and Restrictions You agree not to misuse the Platform. Specifically, you shall not:

Copy, modify, distribute, sell, or lease any part of the Platform or its educational content.
Reverse engineer, decompile, or attempt to extract the source code or underlying algorithms of the Platform’s AI or speech-processing engines.
Use the Platform to transmit any malicious code, viruses, or harmful data.
Attempt to bypass, disable, or defeat any security, authentication, or environment-isolation measures implemented by the Company.
Share account credentials across multiple families or unauthorized users outside of the subscribed household or classroom.

5. Intellectual Property All content, design, code, graphics, algorithms, text, and educational modules on the Platform are the exclusive intellectual property of Smart Mindz and are protected by Australian and international copyright and trademark laws. Your subscription grants you a limited, non-exclusive, non-transferable, and revocable license to access the Platform for personal or internal educational use only.

6. Service Availability

6.1. Reasonable Efforts: Smart Mindz will use commercially reasonable efforts to ensure the Platform is available 24 hours a day, 7 days a week. However, as a dynamic digital service, the Company does not guarantee, represent, or warrant that your use of the Platform will be uninterrupted, continuous, or error-free.
6.2. Exclusions to Uptime: Service availability may be temporarily suspended for: (a) Scheduled maintenance and platform upgrades; (b) Emergency maintenance required to patch critical security vulnerabilities; (c) Failures, interruptions, or outages of third-party infrastructure, including cloud hosting providers, payment gateways, or telecommunications networks; or (d) Events outside of the Company’s reasonable control (Force Majeure).
6.3. Supported Environment (System Requirements): Our real-time speech evaluation architecture is highly specialized and is strictly optimized for the Chromium engine. As such, Google Chrome is the mandatory and solely supported environment for accessing the Platform. The Company does not guarantee functionality, accuracy, or technical support for users attempting to access the Platform on unsupported environments (such as Safari, Firefox, Edge, or non-compliant mobile tablets). Users experiencing technical degradation or failure resulting from the use of non-supported environments are not eligible for refunds.

7. Limitation of Liability

7.1. Australian Consumer Law (ACL) Guarantees: Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy implied or imposed by the Australian Consumer Law (ACL) which cannot lawfully be excluded, restricted, or modified.
7.2. Aggregate Liability Cap: To the maximum extent permitted by law, the aggregate liability of the Company (including its directors, employees, and agents) for any claim arising out of or in connection with your use of the Platform—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—shall be strictly limited to the total fees paid by you to the Company for the Platform in the twelve (12) months immediately preceding the event giving rise to the claim.
7.3. Exclusion of Consequential Loss: The Company shall not be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of educational progress, loss of data (including student records or voice data), business interruption, or reputational damage, even if the Company has been advised of the possibility of such damages.
7.4. Data Breach Liability: While the Company implements robust cryptographic and architectural security measures to protect user data, the Company does not guarantee that the Platform is impervious to unauthorized access, hacking, or data breaches. By using the Platform, you acknowledge this inherent risk and agree that the Company’s liability in the event of an unauthorized data breach is subject to the Aggregate Liability Cap and Exclusion of Consequential Loss outlined in these Terms.

8. Termination The Company reserves the right to suspend or terminate your account and access to the Platform at any time, without notice or liability, if we determine that you have violated these Terms. Upon termination, your right to use the Platform will immediately cease, and the Company may delete your account data in accordance with our data retention policies.

9. Governing Law and Jurisdiction These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New South Wales.