Terms of Service

1. This agreement

These Terms of Service (Terms) are the agreement between you and David Williams trading as Graspera (we, us, our) covering your use of the Graspera website, applications and services (together, the Service).

These Terms are the single, authoritative contract for the Service. Where you have previously seen references to a "User Agreement" or "Terms of Use", those links now point here. There is no separate contract document.

The following also form part of these Terms and are incorporated by reference:

• our Privacy Policy, which explains what personal information we handle and why;
• our Acceptable Use Policy, which sets out what you may and may not do with the Service; and
• our AI and Academic Integrity Statement, which explains how the AI features work, what their limits are, and the rules about submitting work; and
• our Child Safety Policy, which sets out how the Service is designed to keep students safe and what we do if we become aware that a student may be at risk.

If there is any inconsistency, these Terms prevail, except that a signed written agreement between us and a school prevails over these Terms for that school's accounts to the extent of the inconsistency.

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Definitions

• Parent Account means an account held by a parent or legal guardian.
• Student Account means a learner profile created and controlled by a Parent Account or, where a school agreement applies, by a School Account.
• School Account means an account held by a school or other education provider, including accounts it issues to its teachers and staff.
• Account Holder means the adult person or organisation legally responsible for an account: the parent or guardian for a Parent Account, and the school for a School Account.
• Content means anything displayed by or submitted through the Service, including questions, worked solutions, explanations, marks, feedback and study plans.
• Your Content means anything you or a Student Account submits, including answers, working, notes and questions asked of the AI features.
• Plan means the set of features, limits and fees that applies to an account.

3. Who may use Graspera

The Service is designed for secondary school students studying an Australian curriculum, and is used under the supervision of a parent, guardian or school.

3.1 Adults contract with us, not children

Only a person aged 18 or over with legal capacity to enter a contract may open a Parent Account. Only an authorised representative of a school may open a School Account. A child cannot enter into these Terms.

3.2 Student Accounts

A Student Account is created by a Parent Account or by a School Account under a school agreement. A student cannot self-register, and the Service does not collect an email address from a student. Students sign in with a username issued by the account that created them.

If you create a Student Account, you confirm that you are the parent or legal guardian of that student, or that you are authorised by the school under a school agreement to do so, and that you consent on the student's behalf to the collection and handling of their personal information described in the Privacy Policy.

3.3 Responsibility for students

The Account Holder is responsible for the activity of every Student Account under it, including compliance with these Terms and the Acceptable Use Policy.

4. Your account

You must:

• give accurate account information and keep it current;
• keep sign-in credentials confidential and not share them, including student usernames and passwords;
• use a password that is not used on any other service; and
• tell us promptly at support@graspera.au if you believe an account has been accessed without authorisation.

We may refuse to create, or may close, an account where we reasonably believe the information given is false, where an account is created for a child by someone who is not their parent, guardian or authorised school, or where these Terms have been breached.

5. School accounts and teacher access

Where a school uses Graspera, the school and we may enter a separate written school agreement covering seats, term, data handling, support and any fees. That agreement governs the school's use.

5.1 Teacher visibility is not automatic

A teacher does not gain access to a student's work because the student attends that teacher's school. There is one way a teacher sees a student's work: the student's own parent or guardian creates that teacher's account from their own Graspera account and names the subjects the teacher may see. It is off until they do that, it covers only the subjects they name, and they can end it at any time.

A school agreement does not switch it on, and neither does anything a school confirms to us. A School Account's own staff accounts do not carry access to any Student Account's work.

5.2 The school's responsibilities

A school that creates or manages Student Accounts is responsible for having a lawful basis to do so, for issuing and revoking staff access promptly, and for telling us when a staff member or student should no longer have access.

6. Plans, fees and billing

6.1 What you pay

The fees (if any) that apply to your account are the fees for the Plan assigned to that account. Those fees are the ones shown to you when you create or change your Plan, the ones displayed in your account settings, or, for a School Account, the ones set out in the school agreement. Different fees may apply to parent and student accounts, school accounts and teacher accounts.

Fees are in Australian dollars. Fees for a Parent Account or a Student Account are shown and charged inclusive of GST: the figure you are shown is the figure you pay.

Fees quoted to a school are exclusive of GST. GST is added at invoice, so a school is charged the quoted rate plus GST, and a school registered for GST may claim that GST back as an input tax credit.

6.2 Free and pilot plans

We may offer a Plan at no charge, including for a pilot, trial or evaluation period. A free Plan may have feature or usage limits, and we may change or withdraw it. If we withdraw a free Plan we will give you at least 30 days notice, and you may cancel before any charge applies.

6.3 Recurring fees

Where a Plan is charged on a recurring basis, you authorise us or our payment processor to charge your nominated payment method for each billing period until the account is cancelled. Billing periods renew automatically unless cancelled before the renewal date.

6.4 Changes to fees

We may change the fees for a Plan. For a recurring Plan we will give you at least 30 days notice before the change takes effect. The new fee applies from your next billing period after the notice period. If you do not accept the change, you may cancel under clause 7 before it takes effect.

6.5 Failed payments

If a payment fails we may retry it and may suspend paid features until payment succeeds. We will tell you before suspending. We do not delete a student's learning history because of a failed payment; see clause 12.

7. Cancellation and refunds

7.1 Cancelling

You may cancel a Plan at any time from your account settings, or by emailing support@graspera.au. Cancellation takes effect at the end of the billing period you have already paid for. You keep access to paid features until then.

7.2 Refunds

For a recurring Plan, we do not generally refund the unused part of a period you have already paid for, because you keep access for that period. This does not limit your rights under clause 7.3.

We will refund you on a pro-rata basis where:

• we cancel or materially reduce your Plan other than because you breached these Terms;
• we withdraw the Service or a feature you have paid for; or
• you were charged in error or charged after cancelling.

7.3 Your rights under the Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

8. How you may use the Service

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to access and use the Service for study and teaching purposes.

The Acceptable Use Policy sets out what is not permitted. In summary, you must not misuse the Service, interfere with it, use it to harm others, scrape or bulk-extract Content, resell access, or use it to break the law or the rules of your school or examination authority.

9. AI features and academic integrity

The Service uses artificial intelligence to generate practice questions, mark answers, give feedback and answer study questions. AI output can be wrong, incomplete or out of date. It is a study aid, not a substitute for your teacher, your syllabus or official materials from your examination authority.

Our AI and Academic Integrity Statement explains this in full, including what the AI is checked against and where it can be expected to fail.

We do not warrant that Content generated by the Service is accurate, complete, or aligned to the current version of any syllabus, and you should verify anything you rely on for assessment.

10. Intellectual property

10.1 Ours

We and our licensors own the Service and all Content it generates or supplies, including the software, question banks, marking logic, designs, branding and the Graspera name and logo. Nothing in these Terms transfers ownership to you.

You may print or download Content for your own study or classroom teaching. You may not republish it, sell it, or use it to build a competing product or to train any machine learning model.

10.2 Third-party curriculum materials

Syllabus outcomes, past examination papers and marking guidelines remain the property of their owners, including NESA. Where the Service refers to them, it does so for the purposes of study and teaching. We are not affiliated with, endorsed by, or acting on behalf of NESA or any school authority.

10.3 Yours

You keep ownership of Your Content. You grant us a non-exclusive, royalty-free licence to host, store, process, display and transmit Your Content for the purpose of operating and improving the Service for you, including sending it to our AI provider so that it can be marked and explained. That licence ends when Your Content is deleted, except for copies retained as described in the Privacy Policy.

We do not use student work to train AI models, and we do not permit our AI provider to do so.

11. Availability, pilot status and changes

We aim to keep the Service available but we do not guarantee uninterrupted or error-free operation. We may suspend the Service for maintenance, security or to protect users, and will try to give notice where practical.

We may change, add or remove features. If a change materially reduces a paid feature you rely on, we will give you at least 30 days notice and you may cancel under clause 7 and receive a pro-rata refund for the unused period.

12. Privacy and student data

Our Privacy Policy explains what personal information we collect, why, where it is stored, who it is disclosed to, and how to access, correct or delete it. It forms part of these Terms.

Two points are important enough to repeat here:

• We do not sell personal information, and we do not use it for advertising or profiling unrelated to study.
• We store personal information in Australia. Study questions and answers are sent to our AI provider in the United States for processing. This is explained in the Privacy Policy.

An Account Holder may request deletion of a Student Account and its learning history at any time by emailing admin@graspera.au. We will act on the request within 30 days.

13. Suspension and termination

We may suspend or terminate an account, immediately and without refund, where:

• you materially breach these Terms or the Acceptable Use Policy;
• we reasonably believe the account is being used unlawfully, or in a way that endangers a child or another user;
• we are required to do so by law; or
• the account has been used to attack, overload or extract data from the Service.

Where the breach is capable of being fixed and the circumstances allow it, we will give you notice and a reasonable opportunity to fix it before terminating.

You may stop using the Service and close your account at any time. On closure we handle your data as described in the Privacy Policy.

Clauses 10, 14, 15, 16 and 19 survive termination, together with any other clause that by its nature should survive.

14. Disclaimers

To the extent permitted by law, and subject always to clause 7.3 and clause 15, the Service is provided on an "as is" and "as available" basis, and we do not give any warranty that:

• the Service will meet your requirements or improve any particular result;
• Content, marks or feedback generated by the Service are accurate, complete or aligned to the current syllabus;
• the Service will be uninterrupted, secure or free of errors; or
• any defect will be corrected.

Graspera does not provide educational, career, medical or psychological advice, and no result produced by the Service is a prediction or guarantee of examination performance.

15. Limitation of liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law where doing so would be unlawful.

Where we are able to limit our liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51 to 53 of the Australian Consumer Law), our liability is limited, at our option, to resupplying the service or paying the cost of having it resupplied.

Subject to the paragraphs above, and to the extent permitted by law:

1. we are not liable for indirect, special or consequential loss, or for loss of profits, revenue, goodwill, or loss or corruption of data; and
2. our total aggregate liability arising out of or in connection with the Service and these Terms is limited to the greater of the fees you paid us for the Service in the 12 months before the event giving rise to the liability, or AUD $100.

Each party must take reasonable steps to mitigate its loss. Our liability is reduced to the extent your act or omission caused or contributed to the loss.

16. Indemnity

You indemnify us against loss, damage and reasonable costs we suffer arising from your fraud, your unlawful use of the Service, or your material breach of these Terms or the Acceptable Use Policy. This indemnity does not apply to the extent the loss was caused by our own breach, negligence or unlawful act, and is reduced proportionately to the extent we contributed to it.

17. Changes to these Terms

We may update these Terms. Where a change is material and adverse to you, we will give at least 30 days notice by email to the Account Holder and by notice in the Service before it takes effect. Other changes take effect when published.

Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept a change, you may cancel under clause 7.

Every version carries a version number and a last-updated date at the top of this page.

18. Notices and electronic communications

18.1 How notices are given

We give you notice by email to the address on the Account Holder's account, or by a notice shown in the Service. You give us notice by email to admin@graspera.au or by post to 297 Miller Road, Bass Hill, NSW 2197.

A notice we send by email is taken to be received when it becomes capable of being retrieved at that address, unless we are told the delivery failed. It is your responsibility to keep the Account Holder's email address current, and to check it. If an address stops working, tell us; we cannot be responsible for a notice you did not read because the address on the account was out of date.

18.2 You agree to deal with us electronically

The Service is delivered online, and so is everything around it. By using the Service you consent to us giving you notices, statements, receipts, changes to these Terms and any other document required by law in electronic form, by email or by display in the Service, rather than on paper. You may withdraw that consent by writing to us, but we may then need to close the account, because we cannot operate the Service on paper.

18.3 Clicking is signing

Where these Terms or the Service ask you to accept something by ticking a box, clicking a button or typing your name, that action has the same effect as a handwritten signature. Under the Electronic Transactions Act 1999 (Cth) an agreement is not invalid merely because it was made electronically, and neither of us will argue otherwise.

19. Complaints and disputes

Most problems are a misunderstanding or a bug, and are quickest to fix by telling us. The steps below are the order we would like to follow. They do not take away any right you have to go straight to a regulator, a tribunal or a court.

19.1 Talk to us first

Email support@graspera.au with what happened, when, and what you would like us to do. We aim to acknowledge within 5 business days and to resolve within 30 days. If it will take longer, we will tell you why and give you a new date.

19.2 Mediation

If we cannot resolve it between us, either of us may refer the dispute to mediation administered by the Australian Disputes Centre, and we will share the mediator's costs equally. Neither of us has to mediate before seeking urgent interlocutory relief, and neither of us has to keep mediating once it is clear that agreement will not be reached.

19.3 External bodies you can go to at any time

Nothing in these Terms requires you to exhaust the steps above before contacting any of the following, and we will not treat you differently for doing so:

• a privacy complaint, including a complaint about how we handled your personal information, to the Office of the Australian Information Commissioner (OAIC) on 1300 363 992. Please give us a chance to answer first, as the OAIC usually asks that you have complained to us and waited 30 days;
• a consumer complaint to NSW Fair Trading on 13 32 20, or to the Australian Competition and Consumer Commission (ACCC) on 1300 302 502;
• a consumer claim in the NSW Civil and Administrative Tribunal (NCAT), which can hear consumer claims up to its jurisdictional limit and is far cheaper and faster than a court; or
• proceedings in a court of competent jurisdiction in New South Wales, Australia.

20. General

20.1 Governing law

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.

Choosing New South Wales law does not take away any right you have under the law of the place where you actually live. If you are an Australian consumer, the Australian Consumer Law applies to you wherever you are, and nothing in this clause limits it.

20.2 Entire agreement

These Terms, together with the documents incorporated by reference and any signed school agreement, are the entire agreement between us about the Service.

20.3 Severability

If any part of these Terms is unenforceable, it is severed and the rest continues to apply.

20.4 No waiver

If we do not enforce a right immediately, we do not lose that right.

20.5 Assignment

You may not assign these Terms without our written consent. We may assign them to a related entity or to a purchaser of the business, provided your rights are not materially reduced and we tell you beforehand.

20.6 Force majeure

Neither party is liable for a failure to perform caused by an event beyond its reasonable control, other than an obligation to pay money.

21. How to contact us

David Williams trading as Graspera
ABN 50639154277
297 Miller Road, Bass Hill, NSW 2197

• General and billing: support@graspera.au
• Legal and contract: admin@graspera.au
• Privacy: admin@graspera.au
• A student's safety: support@graspera.au, and see our Child Safety Policy. If someone is in immediate danger, call 000 rather than emailing us.

21.1 The rest of the suite

These Terms sit alongside four other published documents. Together they are the whole of what we have promised you:

• Privacy Policy - what we collect, why, where it is stored and how to get it back or have it deleted
• Acceptable Use Policy - what you may and may not do with the Service
• AI and Academic Integrity Statement - how the AI works, where it fails, and the rules about submitted work
• Child Safety Policy - how the Service is built to keep students safe, and what we do if a student may be at risk