About these User Terms
These User Terms are between Excelar and you. In these User Terms, "you" and "your" mean the individual who accepts them.
You accept these User Terms by clicking to accept them when you first log in. If you do not accept them, you must not use the Platform.
In return, Excelar grants you a personal, non-exclusive and non-transferable right to use the Platform for the School's educational purposes, in accordance with these User Terms and the permissions the School gives you.
The School has a separate agreement with Excelar for the Platform (the School Agreement). These User Terms govern your own use of the Platform. They do not change the School Agreement or give you any rights under it.
Definitions
Customer Data means the information and material that you, other Users or the School enter or upload into the Platform, including information about students, diagnoses, learning support plans and teaching materials.
Intellectual Property Rights means all intellectual property rights throughout the world, including copyright, trade marks, designs, patents and rights in confidential information, whether registered or not.
Outputs means the lesson plans, activities, adjustments, reports, dashboards and other material generated by the Platform, including as edited or adapted by you or another User.
Platform means Excelar's online teaching and learning support platform.
Privacy Policy means Excelar's privacy policy, available at excelar.com.au/privacy.
School means the school that has given you access to the Platform.
User Account Data means information about you as a user of the Platform, being your name, school email address, role, log-in details and records of your use of the Platform.
Your access
Your access to the Platform comes from the School. It continues only while the School Agreement is in place and the School authorises your access.
The School decides who may use the Platform and what each User can see and do.
You must keep your log-in details secure and must not share them. You must tell the School and Excelar promptly if you think someone else has used your account.
You must keep the information in your account accurate and up to date.
Excelar may monitor and log use of the Platform for security, support and compliance purposes.
How you may use the Platform
You may use the Platform only for the School's educational purposes, and in accordance with the School's policies and directions.
You must not:
- enter information about a student unless it is reasonably needed for the student's education and the School has authorised you to enter it;
- try to access information about students you are not authorised to see, another User's account, or another school's data;
- copy, scrape or extract data from the Platform by automated means, or decompile or reverse engineer it, except to the extent the law allows despite this clause;
- interfere with the Platform or its security, introduce malicious code, or try to manipulate its AI features (including by prompt injection);
- upload material that is unlawful, offensive or infringes another person's rights, including extracts from textbooks or other published resources that the School is not licensed to copy and use on the Platform; or
- use the Platform or any Output to build or train a competing product or any artificial intelligence model.
Student information and Outputs
Customer Data includes sensitive information about children, including health information. You must treat it as confidential and handle it in accordance with the School's privacy policies and procedures.
You must only upload diagnoses, reports and learning support plans through the part of the Platform designed for them, and only after reading the notice displayed there.
You may share Outputs and Customer Data only for the School's educational purposes and as the School permits, for example with other staff, a student's parents or carers, or professionals supporting the student.
You must not publish them or share them with another school or for any commercial purpose.
You must tell the School and Excelar promptly if you become aware that Customer Data may have been lost, or accessed or disclosed without authority.
AI features and professional judgment
The Platform is a decision-support tool for educators. It does not replace your professional judgment, or the judgment of learning support staff, psychologists or medical practitioners.
The Platform does not diagnose any condition and does not provide psychological, clinical or medical treatment or intervention. Wellbeing measures in the Platform are indicators to support teaching. They are not diagnostic or clinical assessments.
Outputs are generated in part by artificial intelligence. They may be incomplete, inaccurate or unsuitable for a particular student. You must review each Output, and apply your professional judgment, before relying on it or using it with a student.
Intellectual property
Excelar and its licensors own all Intellectual Property Rights in the Platform and the Outputs.
To the extent that you own any Intellectual Property Rights in an edit, adaptation or other contribution you make to an Output, you assign them to Excelar on their creation. This is a present assignment of future copyright for the purposes of section 197(1) of the Copyright Act 1968 (Cth).
Excelar licenses the School to use, copy and adapt Outputs for its educational purposes, and you may use them for those purposes under that licence.
Material you upload to the Platform remains owned by you or the School. To the extent you own it, you grant Excelar a non-exclusive, royalty-free licence to use, copy, store and adapt it to provide the Platform to the School. You warrant that you are entitled to upload it and to grant that licence.
You consent to any act or omission by Excelar, the School or their licensees in relation to the Outputs that would otherwise infringe your moral rights in a contribution described in clause 7.2.
Excelar may use any feedback or suggestions you give about the Platform, without restriction or payment.
Your personal information
Excelar collects User Account Data to provide, support and secure the Platform and to administer your access. Excelar handles it in accordance with the Privacy Policy and the Privacy Act 1988 (Cth).
The School can see, and Excelar may give the School, records of your use of the Platform. If Excelar suspends or ends your access, it may tell the School that it has done so and why.
Excelar handles Customer Data on behalf of the School under the School Agreement. Questions about information about a student should be directed to the School.
Suspension and ending your access
Excelar may suspend or end your access to the Platform, without ending the School Agreement, if:
- you breach these User Terms;
- the School asks it to, or your employment or engagement with the School ends; or
- Excelar reasonably suspects that your account is being misused, or that suspension is needed to protect Customer Data or the Platform.
Excelar will tell you and the School if it does so, unless that would be inappropriate in the circumstances.
Liability
Excelar's obligations about the Platform are owed to the School under the School Agreement. To the extent permitted by law, Excelar gives you no warranty about the Platform and is not liable to you for any loss arising in connection with the Platform or these User Terms.
Nothing in these User Terms excludes liability for fraud, or any liability or right that cannot be excluded by law. If the Australian Consumer Law implies a guarantee that cannot be excluded but allows liability for its breach to be limited, Excelar's liability is limited, at its option, to supplying the services again or paying the cost of having them supplied again.
General
Changes to these User Terms
- Excelar may update these User Terms. It will give you at least 30 days' notice of a material change, by email or through the Platform. If you keep using the Platform after the change takes effect, you accept it.
Complaints
- If you have a complaint, contact support@excelar.com.au. Excelar will acknowledge it within 5 business days and respond within 20 business days.
Relationship with the School Agreement
- If these User Terms are inconsistent with the School Agreement, the School Agreement prevails as between Excelar and the School, and these User Terms prevail as between Excelar and you.
Survival
- The following continue after your access ends: clause 5, clause 7, clause 8 and clause 10.
Other terms
- These User Terms are the entire agreement between Excelar and you about your use of the Platform.
- You may not assign your rights under these User Terms. Excelar may assign them to a person that acquires its business.
- If a provision of these User Terms is invalid or unenforceable, it is severed and the rest continues to apply.
- These User Terms are governed by the laws of New South Wales. You and Excelar submit to the non-exclusive jurisdiction of its courts.
