ROXWHY AI – Terms of Use

Effective: 13 July 2025

1. Definitions

• Account – your parent, guardian or school administrator profile.
• Content – all text, graphics, audio, video, data and code made available through the Service, including AI‑generated outputs.
• Seat – an individual Student licence linked to your Account.
• Subscription – the paid plan granting time‑limited access to Seats and associated features.

2. Eligibility and Parent/Guardian Authority

1. You must be 18 years or older to open an Account and purchase Seats.
2. You warrant that you have legal authority to:
   a. enter into these Terms; and
   b. create, manage and supervise Student access.
3. You accept full responsibility for:
   • all activity under your Account and linked Seats;
   • monitoring Student interactions to ensure they are appropriate and lawful.

3. Student Use

• The Service is designed solely for Students in Australian Years 1 – 12 (or international equivalent).
• Student access must occur under active adult supervision via a Seat assigned from your Account.

4. Account Registration & Security

1. Provide accurate, current information and keep it updated.
2. Keep login credentials confidential; you may not share them outside your household or organisation.
3. Notify us immediately of any unauthorised use or suspected breach.
4. We may suspend or terminate access where we reasonably suspect breach of these Terms, security risks or unlawful conduct.

5. Subscriptions, Fees & Cancellations

1. Subscriptions are pre‑paid and auto‑renew on the billing cycle unless you cancel before renewal.
2. All prices are listed in Australian dollars and include GST unless stated otherwise.
3. We may change plan features or pricing, giving at least 30 days' notice via the email linked to your Account.
4. Except as required under the Australian Consumer Law (ACL), fees are non‑refundable once a billing period has commenced.
5. If a payment fails, we may suspend access until the outstanding amount is paid.

6. Acceptable Use

You and Students must not:

1. upload or generate content that is unlawful, harassing, defamatory, discriminatory, obscene or harmful;
2. attempt to gain unauthorised access to any system or data;
3. introduce malware or interfere with the Service's operation;
4. harvest or scrape data (including AI outputs) for the purpose of building competing products or datasets;
5. share Seats or resell, rent, or sub‑licence the Service.

We reserve the right to monitor usage and to remove, suspend or report content or behaviour that breaches this clause.

7. AI‑Generated Content – Limitations & Your Obligations

1. RoxWhy utilises large‑language‑model technology that may occasionally produce errors, omissions or age‑inappropriate material.
2. The Service is a supplementary educational tool and is not a substitute for professional teaching or tutoring.
3. You are responsible for reviewing and verifying AI outputs before relying on them or allowing Students to rely on them.
4. We provide no guarantee that use of the Service will improve academic performance or achieve any particular learning outcome.

8. Intellectual Property

1. We own or license all rights in the Service, including software, interfaces, branding and Content (excluding Student‑generated materials).
2. We grant you a personal, non‑exclusive, non‑transferable, revocable licence to access and use the Service during an active Subscription for educational purposes only.
3. You may not copy, modify, reverse‑engineer, translate, sell, distribute or create derivative works from any part of the Service, except as permitted by law.
4. Student‑generated materials remain the property of the Student or Parent. By uploading such materials you grant us a world‑wide, royalty‑free licence to store, back‑up and, in de‑identified form, analyse them to improve the Service.

9. Privacy & Data Protection

1. Our Privacy Policy, incorporated by reference, explains how we collect, use, disclose and store personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
2. Learning analytics and usage logs are collected to personalise learning, measure progress and improve the Service.
3. We implement reasonable technical and organisational safeguards; however, no online service is perfectly secure. You acknowledge and accept this residual risk.

10. Availability, Maintenance & Updates

• We aim for 99% monthly uptime but do not guarantee uninterrupted access. Planned outages will, where practicable, be scheduled outside peak school hours and notified in advance.
• We may apply updates, patches or enhancements without notice. Continued use after an update constitutes acceptance of any changed functionality.

11. Termination

By you: Cancel at any time via the dashboard; termination takes effect at the end of the current billing period.

By us: We may suspend or terminate access immediately if you:

• materially breach these Terms and fail to remedy within seven (7) days of notice;
• fail to pay fees;
• engage in unlawful conduct; or
• if required by law or a regulatory authority.

Upon termination all Seats are deactivated and access to Student data may be limited to read‑only for 30 days to allow export before secure deletion (subject to legal retention requirements).

12. Warranties, Consumer Guarantees & Liability

1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the ACL that cannot be excluded, restricted or modified.
2. Subject to clause 12.1, the Service is provided "as is" and "as available". We exclude all representations, warranties and conditions not expressly set out in these Terms.
3. To the maximum extent permitted by law, our aggregate liability (whether in contract, tort or otherwise) arising out of or in connection with the Service in any 12‑month period is limited to the total fees actually paid by you to us in that period.
4. We are not liable for:
   • indirect or consequential loss;
   • loss of data, profits, revenue or business opportunities;
   • errors or omissions in AI‑generated outputs;
   • reliance by you or Students on Content or results obtained through the Service.

13. Indemnity

You agree to indemnify and hold us (and our officers, employees and contractors) harmless from and against any claim, liability, damage, loss or expense (including reasonable legal costs) arising out of or in connection with:

• your breach of these Terms;
• any content supplied or generated by you or a Student; or
• unlawful or negligent use of the Service by you or a Student.

14. Changes to These Terms

We may amend these Terms from time to time. Material changes will be notified at least 14 days before taking effect (by email or in‑Service notice). Continuing to use the Service after the effective date constitutes acceptance of the revised Terms.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the Queensland courts and courts of appeal therefrom.

16. Contact & Notices

MXN Technology (ABN 18688619856)

Email: support@roxwhy.com.au

Version 1.0 – Last updated 13 July 2025