Terms and Conditions of Use

1. About the Website

Welcome to EasedUP (Website). The Website is a Software as a Service (SaaS) tool for educators to create relevant resources for learning and teaching purposes (Services).

The Website is operated by EdUP Solutions Pty Ltd (ACN 679333594). Access to and use of the Website, or any of its associated Products or Services, is provided by EdUP Solutions Pty Ltd. By using, browsing and/or reading the Website, you signify that you have read, understood, and agree to be bound by these Terms and Conditions (Terms). If you do not agree, you must cease usage of the Website or Services immediately.

The Website is intended primarily for educators in Australia and other regions where the Services are available.

EdUP Solutions Pty Ltd reserves the right to review and amend these Terms at its sole discretion. Updates will take effect immediately upon publication. EdUP Solutions Pty Ltd will endeavour to notify you of any significant changes. For your records, it is recommended that you retain a copy of these Terms. Continued platform use implies acceptance.

2. Acceptance of the Terms

You accept the Terms by:

Remaining on the Website; or
Clicking to accept or agree to the Terms where this option is presented.

3. Definitions

Account: A unique user account created on the Website, providing access to the Services.
Content: Any text, images, data, or other materials created, uploaded, or submitted by you through the use of the Services.
Services: The software, tools, and features available on the Website, including but not limited to, the ability to create, store, and share educational resources.
Force Majeure Event: An event beyond the reasonable control of either party, such as natural disasters, acts of war, government regulations, and internet outages.

4. Registration to Use the Services

4.1 Registration Requirements

To access the Services, you must register for an Account through the Website by providing accurate and up-to-date personal information, including:

Name
Email address

4.2 Eligibility

You may not use the Services if:

You are not of legal age to form a binding contract; or
You are barred from receiving the Services under Australian law or the laws of your country of residence.

4.3 Member Obligations

As a Member, you agree to:

Use the Services only for purposes permitted by these Terms and applicable laws.
Protect the confidentiality of your login credentials. You are responsible for any unauthorised use of your Account.
Notify EdUP Solutions Pty Ltd immediately if you suspect unauthorised access or misuse of your Account.
Avoid using the Services for illegal or unauthorised purposes, including spamming, unauthorised linking, or data scraping.
Refrain from automated use of the Website or its Services unless explicitly authorised.

5. Free Trial

5.1 Trial Eligibility

The 14-day free trial is available to all new users.
No credit card is required to start the free trial.
All website features are fully accessible during the trial period

5.2 Trial Conclusion

At the end of the 14-day free trial:

Users can continue to view existing creations.
Users cannot create, update, or interact with AI within the application.
To regain full functionality, users must select a paid subscription plan.

6. Payments and Billing

6.1 Payment Processing

All payments are processed through Stripe. By using the Website and Services, you agree to abide by Stripe's Terms and Conditions. EdUP Solutions Pty Ltd does not store your credit card details. Payments are securely processed through Stripe.

6.2 Subscription Management

You may choose between monthly or annual subscription plans. Upgrades from monthly to annual plans will take effect immediately. If downgrading from annual to monthly, the monthly subscription will begin only after the current annual subscription period ends.

Upgrading Subscriptionssome text
- Upgrade from a monthly to an annual plan at any time.
- The new annual billing cycle will commence immediately, with any unused portion of your current monthly subscription credited towards the annual fee.
- You will receive a confirmation email detailing the subscription changes.
Downgrading Subscriptionssome text
- Downgrade from an annual to a monthly plan at any time.
- The monthly billing cycle will begin at the end of the current annual subscription period. No further action is required unless you cancel your subscription before the renewal date.
- You will receive a confirmation email outlining the downgrade details.

6.3 Cancellation

You may cancel your subscription at any time. Upon cancellation:

Access to Services will remain active until the end of the current subscription period. No further charges will be applied.
Your data will be retained for a period of 365 days after the cancellation date, during which you may reactivate your account to regain access. After this period, all user data will be permanently deleted unless retention is required by law.

6.4 Notification of Deletion

Before permanently deleting your data, EdUP Solutions Pty Ltd will notify you via email or other contact methods associated with your account:

Notification Timeline:
You will receive a notification 7 days before the scheduled deletion of your data, giving you the opportunity to request reactivation or download your data.
Final Action:
If no action is taken, data deletion will proceed as scheduled after the 7-day notice period.

6.5 Service Fee Variations

EdUP Solutions Pty Ltd reserves the right to change the Service Fees. Where changes occur, you will be notified in advance and may choose to discontinue your subscription before the updated fees apply.

7. Refund Policy

Refunds will only be provided if:

EdUP Solutions Pty Ltd cannot continue providing the Services; or
Management determines, at its sole discretion, that a refund is reasonable in the circumstances.

To request a refund, users must contact info@edup.com.au. Refund requests will be reviewed within 14 days.

These refund terms are in addition to your rights under Australian Consumer Law.

8. Intellectual Property

8.1 Ownership

All content, trademarks, and materials on the Website and Services are protected by copyright under Australian law and international treaties. Unless otherwise stated, EdUP Solutions Pty Ltd retains ownership of all intellectual property rights.

8.2 Limited Licence

As a Member, EdUP Solutions Pty Ltd grants you a non-exclusive, revocable licence to:

Use the Website and Services under these Terms;
Store Website content in your device’s cache; and
Print Website pages for personal, non-commercial use.

8.3 Prohibited Use

You may not, without prior written consent:

Republish, distribute, or publicly display content from the Website or Services; or
Modify, adapt, or exploit the intellectual property of EdUP Solutions Pty Ltd for commercial purposes.

8.4 User-Generated Content

Users retain intellectual property rights over content they create using the Services. By using the Website, you grant EdUP Solutions Pty Ltd a licence to use, display, and distribute this content solely for the purpose of providing the Services.

9. Data Privacy

EdUP Solutions Pty Ltd respects your privacy. Any personal information provided is subject to our Privacy Policy, available on the Website. We collect and use your personal information to provide and improve the Services, communicate with you, and ensure the security of our platform. We will not share your personal information with third parties except as necessary to provide the Services or as required by law.

9.1 Data Retention and Deletion

EdUP Solutions Pty Ltd is committed to respecting your privacy and ensuring your data is managed securely. The following principles apply to the retention and deletion of user data:

Retention Period:
User data will be retained for a period of 365 days following the termination or cancellation of your account. During this period, you may reactivate your account to regain access to your data.
Secure Deletion:
After the retention period, all user data will be permanently deleted from our active systems, unless required by law. Secure deletion processes ensure that no personal or identifiable data can be recovered or accessed.

9.2 Backup Storage

EdUP Solutions Pty Ltd maintains regular backups of the platform to ensure data integrity and reliability.

Temporary Data in Backups:
Deleted user data may remain in backup storage for up to 30 days after the retention period. These backups are encrypted and securely stored. Once the backup retention period ends, the data will be permanently removed.
Access to Backups:
Data stored in backups is not accessible for regular use or recovery unless explicitly required to restore the system after a significant incident (e.g., data loss caused by technical failure).

10. Warranties

The Website and Services are provided "as is" without warranty of any kind. While we endeavour to maintain accurate and reliable information, EdUP Solutions Pty Ltd does not guarantee:

The accuracy, completeness, or currency of Website content;
Uninterrupted or error-free Services; or
The security of data transmitted to or from the Website.

11. General Disclaimer

To the extent permitted by law, EdUP Solutions Pty Ltd is not liable for any indirect, consequential, or special damages arising from your use of the Website or Services. Liability is limited to the resupply of Services.

EdUP Solutions Pty Ltd cannot guarantee the recovery of data after the retention and backup periods described in Sections 6.3 and 9.2. Users are responsible for downloading or saving any required data before the end of these periods.

12. Termination of Agreement

12.1 Termination by You

You may terminate your use of the Services by:

Providing 14 days' notice to EdUP Solutions Pty Ltd at info@edup.com.au; and
Closing your Account.

12.2 Termination by EdUP Solutions Pty Ltd

EdUP Solutions Pty Ltd may terminate your access to the Services immediately if:

You breach these Terms;
Continued provision of the Services becomes commercially unviable; or
Required to do so by law.

If EdUP Solutions Pty Ltd terminates your access for reasons other than a breach of these Terms, you will be entitled to a prorated refund for the unused portion of your subscription.

13. Dispute Resolution

In the event of any dispute arising from these Terms, the parties shall first attempt to resolve the dispute through friendly negotiations. If the dispute cannot be resolved through negotiation within 30 days, either party may initiate mediation. The cost of mediation shall be shared equally between the parties. If the dispute remains unresolved after mediation, either party may commence legal proceedings in the courts of New South Wales, Australia.

14. Force Majeure

EdUP Solutions Pty Ltd shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by a Force Majeure Event.

15. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms shall be resolved in the courts of New South Wales.

16. Severability

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply in full force.

Alignment with Business Values

These Terms reflect EdUP Solutions Pty Ltd’s commitment to supporting educators by providing reliable, efficient, and user-friendly tools. We aim to foster trust and collaboration, ensuring the best outcomes for educators.