Terms and Conditions

Who we are

These Terms and Conditions ("Terms") govern your access to and use of the Phonicspal platform and services (the "Service") provided by Phonicspal Pty Ltd (ACN: [insert ACN]) ("Phonicspal", "we", "us"). By using the Service, you agree to be bound by these Terms.

Eligibility and accounts

• The Service is intended for adult educators and school staff.
• Where student access is provided, it must be created and supervised by a teacher or school.
• Accounts are provisioned via our authentication provider (Clerk). You are responsible for safeguarding your credentials and for all activity under your account.

Acceptable use

• Use the Service lawfully, ethically and for educational purposes.
• Do not upload unlawful, harmful, abusive, or infringing content.
• Do not attempt to disrupt, probe, or bypass security or rate limits.
• Do not use outputs (including AI-generated content) in a way that infringes third-party rights or misleads students.

Student personal information

If you input or upload student personal information, you represent and warrant that you have lawful authority (for example, from your school and/or a parent/guardian as required) to do so and to instruct us to process that information to provide the Service. You must not upload unnecessary sensitive information about students.

Licence and intellectual property

• We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service for classroom and school planning purposes during your subscription.
• We and our licensors own all intellectual property in the Service, including software, data structures, phonics datasets, UI/UX, and brand assets. Except for the licence above, no rights are granted.
• By submitting content (e.g. uploads, lesson content, feedback), you grant us a licence to host, display, and process that content to operate and improve the Service. You retain your rights to your content.

Third-party services

The Service integrates with services such as Clerk (authentication), PostHog (analytics via proxy), Google Gemini (AI), ElevenLabs (TTS), and Vercel (hosting, Blob storage, and analytics). Your use of those services may be subject to their terms. We are not responsible for third-party services.

Service changes and availability

We may modify or discontinue features with reasonable notice where practicable. We use commercially reasonable efforts to provide a reliable Service but do not guarantee uninterrupted availability.

Warranties and disclaimers

To the maximum extent permitted by law, the Service is provided “as is”. We exclude all warranties, guarantees and representations not expressly set out in these Terms, including fitness for a particular purpose.

Limitation of liability

To the extent permitted by law, our aggregate liability arising out of or relating to the Service is limited to the fees paid by you to us for the 12 months preceding the event giving rise to the liability. Nothing in these Terms limits liability that cannot be excluded under applicable law.

Indemnity

You indemnify us against losses arising from your breach of these Terms, unlawful use of the Service, or infringement of third-party rights, except to the extent caused by our negligence or wilful misconduct.

Termination

You may stop using the Service at any time. We may suspend or terminate access for material breach or risks to security/operation. Upon termination, we may delete your content after a reasonable period unless retention is required by law. Schools may request export or deletion of student data consistent with applicable policies.

Governing law

These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland and the Commonwealth courts competent to hear appeals from them.

Changes

We may update these Terms from time to time. The updated version will be posted on this page with a new “Last updated” date. If changes are material, we will take reasonable steps to notify you.

Contact

Questions about these Terms can be sent to team@phonicspal.com.