Terms of Service.

Introduction

These Terms and Conditions ("Terms") are an agreement between you and PocketTutor Australia Pty Ltd (ABN 39 698 457 331) ("PocketTutor," "we," "our," or "us"). They govern your use of our website located at getpockettutor.com.au and our AI-powered learning application (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

These Terms are governed by the laws of Queensland, Australia.

The Service & AI disclaimer

Nature of Service

PocketTutor is an educational tool that uses Artificial Intelligence (AI) to generate explanations and quizzes.

Accuracy of AI content

You acknowledge that AI models can make mistakes (often called "hallucinations"). We provide the Service with due care and skill, but:

• AI-generated content can contain errors and should not be relied upon as a sole source of truth for academic, professional, or critical decision-making.
• You should always verify important information with authoritative sources, such as your school's syllabus materials or a qualified teacher.

No professional advice

The Service is for informational and educational purposes only. It does not constitute professional, medical, legal, or financial advice.

Accounts & registration

Account creation

To access certain features, you must create an account via our authentication provider (Clerk). You must provide accurate and complete information.

Age requirements and supervision

By creating an account and registering for the Service, you represent and warrant that you are at least 13 years of age. We do not knowingly allow registration by children under the age of 13.

Minors (Aged 13–17): If you are at least 13 but under the age of majority (18), you represent that you have your parent or guardian's permission to use the Service.

Use on Behalf of Children Under 13: A parent or legal guardian (the "Account Holder") may create an account and allow a child under 13 to use the Service under their direct supervision. In such cases, the Account Holder agrees to:

1. Remain the sole owner of the account.
2. Supervise the child's use of the Service at all times.
3. Assume full responsibility for the child's interactions with the AI and compliance with these Terms.

Account security

You are responsible for safeguarding the password (or authentication method) you use to access the Service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Subscriptions, payments & referrals

Payment processing

There are two ways to subscribe, and they differ in who takes your payment. In either case, your contract for the Service is with PocketTutor, and we remain responsible for the Service under these Terms.

• On our website. The subscription is sold by PocketTutor Australia Pty Ltd. We use Stripe as our payment processor to handle card payments and tax collection on our behalf, and your card details are collected and stored by Stripe, not by us.
• Inside the iOS or Android app on an iOS or Android device. The subscription is sold to you as an in-app purchase through Apple's App Store or Google's Play Store. Apple or Google takes the payment, issues the receipt and holds your payment details, which reach neither Stripe nor us. That purchase is also subject to the app store's own terms, and where those terms govern billing, cancellation or refunds they apply in place of the corresponding parts of this section.

Billing and auto-renewal

Subscriptions are billed in advance and automatically renew at the end of each billing period at the then-current price for your plan, unless you cancel before the renewal date. Cancellation takes effect at the end of your current billing period - you'll keep access until then and won't be billed again.

If you subscribed on our website, you can see your current plan, price and next billing date in your account management portal, and you may cancel there at any time.

If you subscribed inside the iOS or Android app, your plan, price, renewal date and cancellation are managed via the app store: on an iOS device, through your Apple account's subscription settings; and on an Android device, through subscriptions in the Google Play Store. We cannot cancel an app store subscription for you, and the account management portal on our website does not control it.

Price changes

We may change subscription prices for future billing periods. If we do, we will notify you at least 30 days before the new price takes effect. The new price will only apply from your next renewal - never retrospectively to a period you've already paid for. If you don't want to pay the new price, you can cancel before it takes effect and your access will continue until the end of your current billing period at the existing price. For a subscription bought inside the iOS or Android app, Apple and Google operate their own processes for price changes and may ask for your consent before a higher price can be charged.

Refunds and your Australian Consumer Law rights

Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law, including a guarantee that services are supplied with due care and skill and are reasonably fit for purpose. If the Service fails to meet a consumer guarantee, you may be entitled to a refund, re-supply, or other remedy under those laws - contact us at hello@getpockettutor.com.au.

Outside those statutory rights, we don't refund partial billing periods. If you cancel partway through a month or year, you'll keep access until the end of the period you've paid for, but we don't refund the unused portion.

For a subscription purchased inside the iOS or Android app, any refunds are issued by the app store under its own policy. Apple and Google each operate an independent refund process, and requests should be directed to them.

Referral offer

If you share a PocketTutor referral link, these terms apply to it. We may change or withdraw the offer for future referrals at any time; a reward already earned is not affected.

• Who can be referred. The referral gift is for new PocketTutor accounts only. Each new account can be associated with one referral link, recorded when the account is created, and that association cannot be changed afterwards. You may not refer yourself, including by creating an additional account.
• What the other person gets. A period of Plus access, free, starting when their account is created. No payment details are required, nothing renews, and access simply ends when the period does unless they choose to subscribe. The current length of that period is stated on the invitation and in your account.
• When you earn a reward. You earn one free month of Plus access once a person who joined through your link becomes a paying subscriber and that first payment remains valid for the qualifying period stated in your account. A payment that is refunded, reversed, charged back or otherwise cancelled within that period does not qualify, and a reward is not earned if the subscription is no longer active at the end of it.
• How the free month is applied. It depends on how you pay. Subscriptions purchased on our web app receive account credit equal to one month of your current plan. Accounts without an active subscription receive a period of Plus access instead. Subscriptions billed by Apple or Google are extended by a month instead, so your access runs longer and your next payment moves back by the same amount; where a store declines that (Apple limits how often a subscription can be extended, and neither store will extend one during a free trial) you can contact us to arrange your reward.
• Limits. There is a maximum number of free months that can be earned per account under this offer, stated in your account. Rewards have no cash value and cannot be exchanged, transferred or refunded.
• Misuse. We may withhold, delay or cancel a reward, and may close the referral program for an account, where we reasonably believe the offer is being misused - for example, through self-referral, bulk or automated sign-ups, fake accounts, or payments made in order to trigger a reward. Nothing in this clause limits your rights under Australian Consumer Law.

Intellectual property

Our IP

The Service, including its original content (excluding user-generated inputs), features, functionality, code, and design, are and will remain the exclusive property of PocketTutor and its licensors.

Your generated content

Subject to your compliance with these Terms, we assign to you all rights, title, and interest in the specific output (e.g., the text explanations and quiz results) generated by the AI for you. You are free to use this learning material for your personal or commercial study.

Restrictions

You agree not to:

• Reverse engineer, decompile, or disassemble any aspect of the Service.
• Use the Service to build a competitive product.
• Use "scraping" or automated tools to access the Service without our permission.
• Attempt to inject malicious prompts ("jailbreaking") to bypass our safety filters.

Fair use & rate limiting

We reserve the right to limit the number of AI generations (explanations, quizzes, audio conversions) you can make in a given period to ensure quality of service for all users. If we detect unusual volume that suggests automated usage or abuse, we reserve the right to throttle or suspend your access.

Limitation of liability

Australian Consumer Law

Nothing in these Terms restricts, excludes, or modifies any guarantees, rights, or remedies you have under the Competition and Consumer Act 2010 (Cth) or similar Australian state laws ("Non-Excludable Guarantees"). Your rights under the Australian Consumer Law sit alongside, and are not limited by, anything in this section.

Limitation

Subject to the Non-Excludable Guarantees, and to the maximum extent permitted by law:

• PocketTutor is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses.
• Our total liability for any other claim under these Terms is limited to the amount you paid us for the Service in the 12 months before the event giving rise to the claim.

This cap does not apply to claims arising from a failure to meet a Non-Excludable Guarantee, which are governed by the Australian Consumer Law.

Educational outcomes

We don't guarantee any particular academic outcome — grades, test results, exam marks, or admission to any course or institution. Use of the Service does not replace classroom teaching, school assessment, or qualified human tutoring.

Termination

Your right to cancel

You can cancel your subscription at any time. If you subscribed on our website, you can cancel from your account management portal. If you subscribed inside the iOS or Android app, you can cancel through your Apple or Google account's subscription settings.

Our right to terminate

We may suspend or terminate your account if you materially breach these Terms — for example, attempting to jailbreak the Service, using it to harm others, or initiating chargebacks for valid charges. For breaches that can be remedied, we'll give you reasonable notice and a chance to fix the issue before terminating. For serious breaches (including conduct that could harm other users, our systems, or our reputation), we may suspend access immediately and follow up with notice.

We may also terminate your subscription on at least 30 days' notice if we decide to discontinue the Service or substantially change how it works. In that case, we will refund the unused portion of any prepaid subscription period on a pro-rata basis. Where you purchased the subscription inside the iOS or Android app, any refunds are issued through the app store and must be requested from Apple or Google directly.

Effect of termination

On termination, your right to use the Service ends. We may retain or delete your data in accordance with our Privacy Policy.

Governing law

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Changes to terms

We may update these Terms from time to time. For changes that materially affect your rights or obligations, we will give you at least 30 days' notice before the new Terms take effect — by email to the address on your account, or through a prominent notice in the app.

Material changes apply only from the date they take effect, never retrospectively. If you don't accept a material change, you can cancel your subscription before it takes effect and your access will continue until the end of your current billing period under the existing Terms.

Non-material changes (such as clarifications, formatting, or correcting typos) may take effect when posted. Your continued use of the Service after that means you accept those changes.

Contact us

If you have any questions about these Terms, please contact us at:

Email: hello@getpockettutor.com.au