Terms of Service

1. Accounts and Access

• You must provide accurate information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorised access to your account
• Teachers and administrators are responsible for managing student access appropriately
• Student accounts should be used under teacher or guardian supervision

2. Acceptable Use

You agree to use the Services only for lawful educational purposes. You may not:

• Upload unlawful, offensive, or inappropriate content
• Attempt to gain unauthorised access to other accounts or systems
• Interfere with or disrupt the Services or servers
• Use the Services to collect data about other users without consent
• Share account credentials or allow unauthorised persons to access your account
• Use automated tools to scrape or harvest data from the Services
• Reverse engineer, decompile, or attempt to extract source code

3. Data Ownership

• Your Data: Schools and users retain ownership of all data they upload to the Services (student records, class content, assessment results, etc.)
• Our Platform: TebTally™ retains ownership of the software, platform, and all intellectual property rights therein
• Limited License: You grant us a limited license to host, display, and process your data solely to provide the Services
• Aggregated Data: We may use anonymised, aggregated data for analytics and service improvement

4. Privacy and Security

Our collection and use of personal information is governed by our Privacy Policy. We implement industry-standard security measures including encryption, access controls, and audit logging. You are responsible for:

• Ensuring that student data is collected with appropriate consent
• Managing user access and permissions within your organisation
• Complying with applicable privacy laws (including COPPA, GDPR, Australian Privacy Act)

5. Subscriptions and Payment

• Some features may require a paid subscription
• Subscription fees are billed in advance on a monthly or annual basis
• You may cancel your subscription at any time; access continues until the end of the billing period
• Refunds are provided at our discretion; contact support@tebtally.com for refund requests
• We may change pricing with 30 days notice; changes take effect at the next billing cycle

6. Service Availability

• We strive to maintain high availability but do not guarantee uninterrupted service
• We may perform scheduled maintenance with advance notice where possible
• We are not liable for any loss resulting from service interruptions
• For enterprise customers, specific SLA terms may be negotiated separately

7. Intellectual Property

• TebTally™, Spell Star™, Behaviour Tracker™, WriteTally™, and related names and logos are trademarks of TebTally™ Pty Ltd
• The Services, including software, design, and documentation, are protected by copyright and other intellectual property laws
• You may not use our trademarks without prior written permission
• We respect the intellectual property of others; report infringement to legal@tebtally.com

8. Termination

• You may terminate your account at any time by contacting support
• We may suspend or terminate accounts that violate these Terms
• Upon termination, you may request export of your data within 30 days
• We will delete your data within 30 days of confirmed termination request (unless legally required to retain)
• Sections on liability, intellectual property, and governing law survive termination

9. Limitation of Liability

To the maximum extent permitted by law:

• The Services are provided "as is" without warranties of any kind, express or implied
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim is limited to the amount you paid us in the 12 months before the claim
• We are not liable for any loss resulting from your failure to maintain adequate backups

Some jurisdictions do not allow certain limitations; these limitations apply to the extent permitted by law.

10. Indemnification

You agree to indemnify and hold harmless TebTally™, its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Content you upload to the Services

11. Governing Law and Disputes

• These Terms are governed by the laws of New South Wales, Australia
• Any disputes will be resolved in the courts of New South Wales, Australia
• Before initiating legal proceedings, you agree to attempt to resolve disputes informally by contacting support@tebtally.com

12. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated to account holders via email at least 30 days before taking effect. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

13. General

• These Terms constitute the entire agreement between you and TebTally™
• Our failure to enforce any provision does not waive our right to do so later
• If any provision is found unenforceable, the remaining provisions remain in effect
• You may not assign your rights under these Terms without our consent

Contact

For questions about these Terms, contact us at support@tebtally.com.

TebTally™ Pty Ltd
ABN 96 110 054 130
New South Wales, Australia