Terms of Service

1. Acceptance of Terms

By accessing or using Bindi AI ("the Service", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

2. Description of the Service

Bindi AI is an AI-powered educational support tool designed to assist educators with lesson planning, resource creation, and educational organisation. Bindi AI is not a substitute for professional educators, qualified teachers, curriculum specialists, accredited institutions, or formal academic assessment. The Service is intended to support—not replace—your professional work.

3. Experimental Technology Disclaimer

The Service uses experimental artificial intelligence technology that is continuously evolving. You acknowledge and agree that:

• The Service is provided on an "as is" and "as available" basis
• The Service may contain errors, bugs, inaccuracies, or produce unexpected results
• Features may be incomplete, experimental, change significantly, or be removed without notice
• The Service may experience downtime, crashes, performance issues, or data loss
• AI models and algorithms may change, affecting the quality or nature of outputs
• The technology is not infallible and requires human oversight at all times

You use the Service entirely at your own risk.

4. AI-Generated Content: Critical Disclaimers

You acknowledge, understand, and expressly agree that:

• The Service uses artificial intelligence and large language models that can and do make mistakes
• AI-generated outputs may be incorrect, incomplete, inaccurate, misleading, biased, outdated, or entirely fabricated
• AI may "hallucinate" facts, dates, names, citations, statistics, and other information that appears credible but is false
• AI may misattribute sources or draw on outdated information
• AI-generated content may not align with current curriculum standards, educational best practices, or your jurisdiction's requirements
• We make absolutely no representations, warranties, or guarantees regarding the accuracy, completeness, reliability, or suitability of any AI-generated outputs
• AI outputs should be treated as a starting point or draft that requires your professional review, not as final materials

The 80-20 Approach: AI can help with approximately 80% of the initial work, but you should expect to spend at least 20% of your time reviewing, refining, fact-checking, and adapting all AI-generated content to make it truly suitable for your students.

You are solely and entirely responsible for reviewing, verifying, and approving any content before using it in any educational setting.

5. Educator Responsibility

As the qualified education professional, you acknowledge and accept that:

• You bear full responsibility for all materials you use with students, regardless of their origin
• You must review all AI-generated content for accuracy, appropriateness, age-suitability, and alignment with your curriculum
• You must verify all facts, dates, names, statistics, and citations independently
• You must ensure content is appropriate for your specific student cohort, including cultural sensitivity and special needs considerations
• You must comply with your school's policies, your education authority's guidelines, and all applicable laws
• You must not use AI-generated content that you have not personally reviewed and approved
• You must adapt and modify content to suit your professional judgment and local context

We are not responsible for any consequences arising from your use of AI-generated content in educational settings.

6. Student Data and Privacy

Protect student privacy at all times. You acknowledge and agree that:

• You must not upload, enter, or share any personally identifiable student information through the Service
• You must not input student names, photos, addresses, or any other personal data
• You must use only anonymised or fictional data when using the Service
• You must comply with your school's data protection policies and all applicable privacy laws (including the Privacy Act 1988 (Cth) and relevant state legislation)
• You are solely responsible for any breach of student privacy resulting from your use of the Service
• We are not liable for any misuse of student data by users of the Service

If you accidentally upload personal or sensitive information, contact us immediately.

7. No Professional, Educational, or Legal Advice

Any content generated by the Service is provided for general informational and educational support purposes only. The Service does not provide and should not be relied upon for:

• Professional teaching advice or methodology
• Official curriculum guidance or accreditation
• Special education, disability, or accessibility recommendations
• Student welfare, mental health, or counselling advice
• Legal, regulatory, or compliance advice
• Medical, health, or safety guidance

Always consult qualified professionals and official sources for such matters.

8. Educational Use Limitations

Bindi AI does not guarantee and expressly disclaims any responsibility for:

• Student learning outcomes, academic success, or educational achievement
• Alignment with any specific curriculum framework, standards, or syllabus
• Compliance with ACARA, state education authority requirements, or school policies
• Suitability for any particular year level, subject area, or student cohort
• Compliance with institutional policies or academic integrity requirements
• Accessibility or suitability for students with special needs or disabilities

You are responsible for ensuring all materials meet your professional standards and institutional requirements.

9. User Responsibilities

You agree to:

• Use the Service in accordance with all applicable Australian laws and regulations
• Not misuse, abuse, or attempt to disrupt the Service
• Not rely on the Service for critical, high-risk, or safety-related decisions
• Not submit unlawful, offensive, defamatory, or infringing content
• Not use the Service to generate harmful, discriminatory, or inappropriate content
• Not attempt to circumvent any security measures or access restrictions
• Maintain the confidentiality of your account credentials

You remain solely and entirely responsible for your actions, decisions, and the consequences of using the Service.

10. Content Ownership and Intellectual Property

You acknowledge and agree that:

• AI-generated content may inadvertently resemble existing copyrighted materials
• You are responsible for ensuring your use of generated content does not infringe third-party intellectual property rights
• We make no warranties that AI-generated content is original or free from intellectual property claims
• You should not assume AI outputs are free to use commercially without verification

11. Third-Party Services and Content

The Service may incorporate or reference third-party services, APIs, content, or data sources. We are not responsible for:

• The accuracy, availability, or reliability of third-party services
• Content sourced from or influenced by third-party data
• Changes to third-party services that may affect the Service
• Any losses arising from third-party service failures or changes

12. Availability and Service Interruptions

We do not guarantee continuous, uninterrupted, secure, or error-free access to the Service. The Service may be unavailable due to:

• Scheduled or emergency maintenance
• Technical failures, bugs, or system errors
• Third-party service interruptions or API failures
• Cyber attacks, security incidents, or data breaches
• Natural disasters, power outages, or infrastructure failures
• Events beyond our reasonable control

We are not liable for any loss, damage, or inconvenience arising from service interruptions, downtime, data loss, or system failures, regardless of cause.

13. Comprehensive Limitation of Liability

To the maximum extent permitted by law, including under the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth), Bindi AI, its parent company, subsidiaries, affiliates, directors, officers, employees, contractors, agents, licensors, and suppliers (collectively, "Bindi Parties") will not be liable for any loss, damage, cost, expense, or liability of any kind arising from or in connection with:

• Your access to, use of, or inability to use the Service
• Any AI-generated content, outputs, suggestions, or recommendations
• Any errors, inaccuracies, omissions, or misleading information in the Service
• Any reliance you place on AI-generated content or the Service
• Any materials you create, distribute, or use based on the Service
• Any impact on students, colleagues, or third parties from your use of the Service
• Loss of data, content, or user-generated materials
• Loss of revenue, profits, business, or anticipated savings
• Loss of reputation, goodwill, or professional standing
• Service outages, interruptions, or discontinuation
• Security breaches, unauthorised access, or data incidents
• Any conduct or content of any third party on the Service
• Any bugs, viruses, or other harmful code transmitted through the Service

This limitation applies to all claims, whether based in contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not the Bindi Parties have been advised of the possibility of such damages.

In no event shall our total aggregate liability exceed the greater of: (a) the amount you paid to us in the twelve (12) months preceding the claim; or (b) one hundred Australian dollars (AUD $100).

14. Disclaimer of Warranties

The Service is provided "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS". To the maximum extent permitted by law, we expressly disclaim all warranties, representations, and conditions of any kind, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties of accuracy, reliability, completeness, or timeliness of content
• Warranties that the Service will meet your requirements or expectations
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the results obtained from using the Service

15. Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law that cannot be excluded by law. To the extent any consumer guarantees apply, and where permitted by law, our liability is limited at our option to:

• Resupplying the Service; or
• Paying the cost of having the Service resupplied.

16. Comprehensive Indemnification

You agree to defend, indemnify, and hold harmless the Bindi Parties from and against any and all claims, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your access to or use of the Service
• Your reliance on any AI-generated content or outputs
• Any content you create, modify, or distribute using the Service
• Any materials you use in educational settings based on the Service
• Any breach of these Terms by you
• Any violation of applicable laws or regulations by you
• Any infringement of third-party rights by you
• Any claims by students, parents, schools, or third parties related to your use of the Service
• Any breach of student privacy or data protection obligations by you
• Any negligent or wrongful conduct by you

17. Data and Privacy

Your use of the Service is subject to our Privacy Policy. You acknowledge and agree that:

• We do not guarantee the permanent storage, security, or availability of user data
• Data may be lost, corrupted, or become inaccessible without notice
• You are solely responsible for maintaining backups of any important information
• We may use anonymised and aggregated data to improve the Service
• AI interactions may be logged for quality improvement and safety purposes

18. Suspension and Termination

We may suspend, restrict, or terminate your access to the Service at any time, with or without notice, with or without cause, if:

• You breach these Terms
• We reasonably believe your continued use poses risk to the Service, other users, or third parties
• We receive a legal or regulatory request to do so
• The Service is discontinued, modified, or materially changed
• For any other reason at our sole discretion

We are not liable for any losses, damages, or inconvenience resulting from suspension or termination.

19. Changes to the Service or Terms

We reserve the right to modify, update, suspend, or discontinue the Service (or any part thereof) at any time without notice. We may also modify these Terms at any time. Material changes will be communicated through the Service or via email where practicable. Your continued use of the Service after any changes constitutes your acceptance of the updated Terms.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Bindi AI regarding the Service and supersede all prior agreements, understandings, and communications.

22. No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us to be effective.

23. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Western Australia, Australia, without regard to conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia for any disputes arising from or relating to these Terms or the Service.

24. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at: hello@bindi-ai.com