Terms of Service

By accessing or using SmartPrepAI's website and services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

If you are a parent or guardian agreeing on behalf of a minor, you represent that you have the authority to bind the minor to these Terms and accept full responsibility for the minor's use of the Service.

SmartPrepAI provides an online educational platform that helps Australian students prepare for school examinations and assessments, including NAPLAN, Opportunity Class, selective school and scholarship entrance tests, and senior secondary study.

**Our Service includes:** - Adaptive practice questions and assessments - AI-powered learning recommendations - Progress tracking and analytics - Parent monitoring dashboards - Study planning tools

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

To access certain features, you must create an account. You agree to:

- Provide accurate, current, and complete information - Maintain and update your information as needed - Keep your password secure and confidential - Notify us immediately of any unauthorized access - Accept responsibility for all activities under your account

**Parent Accounts:** Parents must create their own account before adding student profiles. Student accounts are linked to and controlled by parent accounts. Parents are responsible for their children's use of the Service.

**Free Trial:** Every new account starts with a 30-day free trial with full access. No payment details are needed to start a trial. When a trial ends without a paid plan, the account moves to the Free plan, which includes limited daily question-bank practice. A parent's trial or paid plan covers the children linked to their account.

**Paid Plans:** Plans are Flexible ($49/month), Committed ($99 per 3 months), Focused ($199 per 6 months) and All In ($399/year), in Australian dollars including GST. One plan covers every child linked to the parent account that holds it. Only a parent or guardian account can buy a plan.

**Billing and Renewal:** - Plans are paid in advance for their full term (1, 3, 6 or 12 months) - Plans renew automatically at the end of each term at the then-current price until cancelled - If you choose a plan during your free trial, your first payment is taken when the trial ends - Payments are processed by Stripe; we do not store your card details - If a payment fails, access to paid features may be suspended until it is resolved

**Reminders:** We will email you before your free trial ends and before each renewal is charged.

**No Lock-In:** There is no minimum commitment beyond the term you have paid for, and no early-termination fees. You can cancel at any time; your plan stays active until the end of the paid term and does not renew.

**Refunds:** Because every family can use the Service free for 30 days before paying, plan payments are non-refundable, including for partly used terms. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

**Discounts:** - Founding members: accounts created on or before 31 December 2026 receive 20% off their first paid year, applied automatically at checkout - Sibling discount: families on a paid plan may be issued 50% sibling discount codes - Discounts cannot be combined unless we say otherwise, and have no cash value

**Pausing a Plan:** You may pause your plan for up to 30 days per calendar year. Paused time does not extend the paid term unless we agree otherwise.

**2026 Beta Families:** Families who joined during our 2026 beta keep free access to the Service. None of the payment terms above apply to those accounts unless the account holder chooses a paid plan.

You agree not to:

- Share account credentials with others - Attempt to access other users' accounts - Copy, distribute, or reproduce our content without permission - Use automated systems to access the Service - Interfere with or disrupt the Service - Upload malicious content or code - Impersonate any person or entity - Use the Service for any illegal purpose - Circumvent any access restrictions or security measures

Violation of these terms may result in immediate account termination without refund.

**Our Content:** All content, features, and functionality of the Service (including questions, explanations, algorithms, software, designs, and trademarks) are owned by SmartPrepAI and protected by intellectual property laws.

**Limited License:** We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial educational purposes only.

**Restrictions:** You may not: - Copy or reproduce our questions or content - Create derivative works based on our content - Sell, license, or distribute our content - Use our content for commercial purposes - Remove any copyright or proprietary notices

**User Content:** Any feedback, suggestions, or ideas you submit become our property. We may use such submissions without compensation or attribution.

Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our data collection and use practices.

By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

SmartPrepAI uses AI to generate practice questions, explanations, feedback, and score-based guidance. These are **educational tools, not guarantees**. Our practice scores, readiness indicators, and any likelihood or "chance of success" outputs are **indicative estimates based on our calibrated practice cohort and publicly available information — they are not official predictions and are not affiliated with, endorsed by, or determinative of any school, department, or examination authority**. Selection decisions are made solely by the relevant school or education department. We work hard on accuracy but do not warrant that AI-generated content is free from error, and you should treat it as a study aid alongside a student's own work and teachers.

**Educational Service:** SmartPrepAI is a supplementary educational tool. We do not guarantee any examination result or admission to any school or program. Results depend on many factors beyond our control, including student effort, natural ability, and examination conditions.

**No Warranty:** The Service is provided "as is" without warranties of any kind. We do not warrant that: - The Service will be uninterrupted or error-free - Results will be accurate or reliable - The Service will meet your specific requirements - Defects will be corrected

**Third-Party Content:** We may link to third-party websites or services. We do not endorse or assume responsibility for third-party content or practices.

Where SmartPrepAI is used through a school partnership, an independent tutor, or a tutoring practice, additional or separate terms may govern that relationship, and access to any student's data is subject to the consent and approval of that student's consent authority (a parent/guardian, or the student where they are 16 or over). Nothing in those arrangements reduces the privacy protections described in our Privacy Policy.

To the maximum extent permitted by law:

- SmartPrepAI shall not be liable for any indirect, incidental, special, consequential, or punitive damages - Our total liability shall not exceed the amount you paid in the 12 months preceding the claim - We are not liable for any loss of data, profits, or educational opportunities

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

You agree to indemnify, defend, and hold harmless SmartPrepAI, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

- Your use of the Service - Your violation of these Terms - Your violation of any third-party rights - Your negligent or wrongful conduct

**By You:** You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period.

**By Us:** We may terminate or suspend your account immediately, without prior notice, for: - Violation of these Terms - Conduct harmful to other users or the Service - Non-payment of fees - Any reason at our discretion with reasonable notice

**Effect of Termination:** Upon termination: - Your right to use the Service ceases immediately - You remain responsible for any outstanding fees - Provisions that should survive termination shall remain in effect

Because we hold children's personal information, we don't keep data we're no longer being used to serve. If your account (or a linked child account) has had no activity for 12 consecutive months, we close the account and delete the personal information associated with it, following the notification schedule below.

**What counts as "activity":** signing in, starting or continuing a practice session, opening a weekly digest, or any parent/tutor action on a linked child's account. A child's activity counts for their linked parent account and vice versa, so a family that uses SmartPrepAI regularly doesn't lose access because one member hasn't logged in for a year.

**Notification schedule.** We give you four separate email notifications before any account is closed, at: - **90 days before closure** — early warning; a single sign-in resets the clock. - **60 days before closure** — reminder with a one-click "keep my account active" link. - **30 days before closure** — final warning, plus instructions for exporting your data if you want a copy. - **3 days before closure** — last-chance notice, sent to both the account email and (for a child account) the linked parent email.

Any qualifying activity during this window resets the 12-month clock and cancels the pending closure.

**What "closure" means.** On the closure date, we run our standard data-erasure process: your account, practice history, wellbeing data, avatar, and personal profile information are permanently deleted from our systems. Aggregated statistics that cannot identify you may be retained for platform-wide analytics. Financial transaction records held by our payment provider (Stripe) are retained per Australian tax law (5 years) as required — that data is Stripe's system of record, not ours.

**Under-18 accounts.** For any child account whose only parent-linked account is also being closed for inactivity, we send an additional notice to the parent 30 days before closure explaining the child account will close alongside theirs. A child account is never orphaned silently.

**Reversal.** Once closure has executed, the deletion is permanent — we cannot restore an account after this point. If you want to use SmartPrepAI again after a closure, you start a new account.

**Governing Law:** These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

**Informal Resolution:** Before initiating formal proceedings, you agree to contact us via our contact form (/contact?topic=support) to attempt to resolve any dispute informally.

**Jurisdiction:** Any disputes shall be resolved exclusively in the courts of New South Wales, Australia. You consent to the personal jurisdiction of such courts.

We may modify these Terms at any time. We will notify you of material changes by: - Posting the updated Terms on our website - Sending an email notification - Displaying a notice within the Service

Your continued use after changes become effective constitutes acceptance of the modified Terms. If you disagree with any changes, you should discontinue use of the Service.

For questions about these Terms:

**Contact:** Use our contact form at /contact?topic=legal **Mail:** Axient AI Pty Ltd (ABN 21 688 793 151) trading as SmartPrepAI, Sydney, NSW, Australia

For support inquiries, please use /contact?topic=support