Terms of Service

1. Agreement to Terms

By accessing or using Lumen8 (the "Platform"), operated by Lumen8 Pty Ltd ABN 16 699 328 857 ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Platform.

2. Description of Service

Lumen8 is an AI-powered adaptive learning platform that provides:

• Curriculum-aligned educational content for K-12 students
• Real-time progress tracking and mastery assessment
• Adaptive learning paths based on individual performance
• Teacher dashboards and classroom management tools
• Parent portals for monitoring student progress
• Gamification features to enhance engagement

3. User Accounts

3.1 Account Types

The Platform offers different account types: Student, Teacher, Parent, School Administrator, and System Administrator. Each account type has specific permissions and access levels.

3.2 Account Creation

• Student accounts must be created by schools or parents/guardians
• Users must provide accurate and complete information
• Users must be authorised to create accounts on behalf of minors
• Schools are responsible for verifying parental consent where required

3.3 Account Security

Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. Users must immediately notify us of any unauthorised use or security breach.

4. Acceptable Use Policy

Users agree not to:

• Use the Platform for any unlawful purpose or in violation of any regulations
• Share account credentials or allow unauthorised access
• Attempt to gain unauthorised access to any part of the Platform
• Interfere with or disrupt the Platform's operation
• Upload malicious code or harmful content
• Harass, bully, or intimidate other users
• Use automated systems to access the Platform without permission
• Misrepresent your identity or affiliation
• Collect or harvest user data without authorisation

5. Intellectual Property

5.1 Platform Content

All content on the Platform, including text, graphics, logos, audio, video, and software, is the property of Lumen8 Pty Ltd or its licensors and is protected by Australian and international intellectual property laws.

5.2 User Content

Users retain ownership of content they create but grant us a worldwide, non-exclusive, royalty-free licence to use, modify, and display such content for Platform operation and improvement.

5.3 Educational Use

Schools and teachers may use Platform content for educational purposes within their institution but may not redistribute or commercialise such content without written permission.

6. Payment Terms

6.1 Subscription Fees

Schools pay subscription fees based on the terms of their agreement with Lumen8 Pty Ltd. Contact us for details on subscription options.

6.2 Payment Terms

• Payment terms are specified in individual school agreements
• All fees are in Australian Dollars unless otherwise specified
• Refund policies are as specified in individual agreements

6.3 Taxes

All fees are exclusive of taxes. Schools are responsible for all applicable taxes including GST.

7. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with Australian privacy laws and educational data protection requirements.

8. Disclaimers and Limitations

8.1 Educational Disclaimer

The Platform is an educational tool designed to supplement, not replace, traditional instruction. We do not guarantee specific educational outcomes or improvements in academic performance.

8.2 Service Availability

We strive for high availability but do not guarantee uninterrupted or error-free service. We may suspend access for maintenance, updates, or security reasons.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMEN8 PTY LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

9. Indemnification

Users agree to indemnify and hold harmless Lumen8 Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Platform or violation of these Terms.

10. Termination

10.1 Termination by Users

Schools may terminate their subscription according to the terms of their agreement. Individual users may request account deletion through their school administrator.

10.2 Termination by Us

We may terminate or suspend access immediately, without prior notice, for:

• Violation of these Terms
• Non-payment of fees
• Suspected fraudulent or illegal activity
• Request by law enforcement or court order

10.3 Effect of Termination

Upon termination, user access will be disabled. Schools may request data export within 30 days of termination, after which data may be deleted.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified to school administrators at least 30 days before taking effect. Continued use after changes constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.

13. Dispute Resolution

Before initiating legal proceedings, parties agree to attempt good faith negotiation. If unresolved within 30 days, disputes may be submitted to mediation under the Australian Commercial Disputes Centre rules.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any school agreements, constitute the entire agreement between you and Lumen8 Pty Ltd regarding the Platform.