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 designed to help students prepare for NSW Opportunity Class (OC) and Selective School examinations.

**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.

**Beta — Free of Charge:** During the beta program, the Service is provided free of charge. We do not collect or store any payment information from beta members. None of the billing terms below apply to beta accounts.

**Future Subscription Plans (after public launch):** Planned tiers are Monthly ($49/month), Quarterly ($99/quarter), Half-Yearly ($199/6 months) and Yearly ($399/year). Beta members will receive at least 60 days' notice and a founding-member discount before any paid plan applies to their account.

**Minimum Commitment (post-launch):** Paid subscriptions will require a minimum 3-month commitment. Early cancellation may result in early termination fees equal to the remaining commitment period at a prorated rate.

**30-Day Cooling-Off Period (post-launch):** New paid subscribers may cancel within 30 days of initial subscription for a full refund, no questions asked. This applies to first-time subscribers only.

**Subscription Pause (post-launch):** You may pause your subscription for up to 30 days per calendar year. Paused time does not extend your subscription period unless approved.

**Billing (post-launch):** - Subscriptions are billed in advance - Prices are in Australian Dollars (AUD) - Accepted payment methods will be confirmed when paid plans launch - Failed payments may result in service suspension

**Refunds (post-launch):** Except for the cooling-off period, refunds are at our discretion. Partial refunds may be considered for documented medical or family emergencies.

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 admission to Opportunity Class or Selective Schools. 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

**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