Welcome to Assess App

Thank you for choosing Assess App, a product of Elumina eLearning Pty Ltd ACN 154 271 806. These Terms of Service (“Terms”) govern your use of Assess App and any associated services provided by Elumina eLearning Pty Ltd (“we,” “us,” “our”).

By using Assess App, you agree to these Terms. Please read them carefully.

1. Acceptance of Terms
By accessing or using Assess App, you agree to comply with and be bound by these Terms, our Privacy Policy, and any other policies or guidelines we provide.

2. Description of Service
Assess App is a digital assessment platform that provides AI-powered features for test development, delivery, and marking. The service includes various modules to facilitate online authoring, delivery, and marking of assessments for educational institutions and other entities.

3. Account Registration
To use the Assess App, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4. User Responsibilities
You are responsible for all activities that occur under your account. You agree to:

• Maintain the security of your account.
• Notify us immediately of any unauthorised use of your account.
• Comply with all applicable laws and regulations.

5. Prohibited Activities
You agree not to:

• Use the Assess App for any illegal or unauthorized purpose.
• Interfere with or disrupt the integrity or performance of Assess App.
• Attempt to gain unauthorized access to the Assess App or its related systems or networks.
• Use any automated system to access the Assess App in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.

6. Intellectual Property
Assess App and all materials therein, including but not limited to software, content, designs, text, graphics, images, video, information, and other files, and their selection and arrangement are the property of Elumina eLearning Pty Ltd. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Assess App without our express written permission.

7. Privacy
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. The Privacy Policy is part of these Terms, and by agreeing to these Terms, you agree to the Privacy Policy.

8. Subscription, Fees and Payment Terms
Assess App may offer various subscription plans. By selecting a subscription plan, you agree to pay the subscription fees and any applicable taxes. We may change the subscription fees from time to time. Additional fees may apply for optional services, including but not limited to grant advisory or consultation services. Refer to Section 19 for terms relating to grant assistance services. Any change in fees will become effective at the end of the then-current billing cycle.

8a. Subscription Model: Assess App is offered on an annual subscription basis, payable in advance. Pricing is structured on a tiered per-user or usage model for the Assess App, with per-user or usage rates decreasing as the number of users or usage increases.

8b. Payment Terms: All subscription fees, exam tokens, and support service fees are payable upfront. Invoices must be settled within fourteen (14) days of the invoice date unless otherwise agreed in writing.

8c. Renewals: Subscriptions will automatically renew on an annual basis, effective on the anniversary date of the initial subscription. Elumina will issue a renewal invoice approximately ninety (90) days prior to the renewal date. Unless written notice of cancellation is received prior to the commencement of the renewal process (i.e., before the ninety (90) day renewal notification period), the subscription will automatically renew for an additional twelve (12) month term under the existing terms and conditions.

8d. Professional Services: Fees for professional services — including, but not limited to, change requests, after-hours support, onsite or remote examination support, integrations, and performance or stress testing — shall be invoiced as a Change Request (CR) and are billed separately from subscription fees. Each professional service engagement will be individually scoped, quoted, and priced based on its complexity and requirements. All such fees must be prepaid prior to the commencement of the requested services.

8e. Support Hour Expiry: All allocated and pre-paid support hour packs are valid for a period of twelve (12) months from the date of purchase or renewal. Any unused support hours will automatically expire at the end of this period and will not roll over into subsequent terms or renewals. No refunds or credits shall be issued for expired or unused hours.

8f. Support Hour Top-Ups: When the remaining balance of allocated and pre-paid support hours falls below thirty percent (30%) of the initial allocation within the subscription term, an additional support block equivalent to the initial allocation shall be automatically applied. This allocation will be processed through a Change Request (CR) to the Agreement and invoiced in accordance with the agreed payment terms.

8g. Change Request: Change Requests include any client-initiated request for additional professional services, automated support hour top-ups, feature enhancements, or system modifications within the subscription term. Such requests must be submitted in writing, where applicable, and are subject to Elumina’s review and approval. All approved Change Requests shall be invoiced and must be paid in advance prior to commencement of the associated work or activation. Elumina reserves sole discretion to accept, modify, or decline any Change Request.

9. Cancellation and Termination
You may cancel your subscription at any time; however, all fees paid are non-refundable. If your subscription is paid via an instalment plan, you remain liable for all outstanding amounts. Upon cancellation, an invoice for the remaining balance will be issued and must be settled in accordance with the standard payment terms — within fourteen (14) calendar days of the invoice date.

Following the cancellation, you will retain access to the paid features until the end of your current subscription term, after which access to the Assess App will automatically terminate. We reserve the right to suspend or terminate your account at any time if you breach these Terms.

10. Disclaimer of Warranties
Assess App is provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability
To the fullest extent permitted by applicable law, Elumina eLearning Pty Ltd shall not be liable for any damages of any kind arising out of or in connection with your use or inability to use Assess App, including but not limited to any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses, regardless of whether such damages were foreseeable or whether Elumina eLearning Pty Ltd has been advised of the possibility of such damages. This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Elumina eLearning Pty Ltd has been advised of the possibility of such damages.

12. Indemnification
You agree to indemnify, defend, and hold harmless Elumina eLearning Pty Ltd, its affiliates, officers, directors, employees, consultants, and agents from any and all claims, liabilities, damages, and/or costs (including but not limited to legal fees) arising from any and all scenarios, including but not limited to:

• Your use of the Assess App.
• Your violation of these Terms.
• Your violation of any rights of a third party.

13. Modifications to Service
We reserve the right to modify or discontinue, temporarily or permanently, Assess App or any features or portions thereof without prior notice. You agree that Elumina eLearning Pty Ltd will not be liable for any modification, suspension, or discontinuance of Assess App or any part thereof.

14. Data Ownership and Privacy
You retain ownership of the data you submit to Assess App. We do not own, control, or license your data except as provided in these Terms and our Privacy Policy. You are responsible for ensuring that your use of the Assess App complies with all applicable laws and regulations regarding data privacy and protection.

15. Third-Party Services
Assess App may integrate with third-party services. We do not control these third-party services and are not responsible for their content or practices. Your use of third-party services is at your own risk and subject to the terms and conditions of those services.

16. Amendments to Terms
We may amend these Terms from time to time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website. Your continued use of the Assess App after the effective date of the amended Terms constitutes your acceptance of the amended Terms.

17. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

18. API Usage
If you use our API, you agree to the following additional terms:

a. API License
Elumina eLearning Pty Ltd grants you a limited, non-exclusive, non-transferable, revocable license to use the API solely to access and use Assess App in accordance with these Terms.

b. API Usage Limits
We may impose limits on the usage of the API, including but not limited to the number of API calls you are permitted to make. You agree to comply with these limits and not to circumvent them in any way.

c. API Deprecation
Elumina eLearning Pty Ltd may discontinue or deprecate the API or any API feature with reasonable notice. We will use reasonable efforts to continue supporting the deprecated API or feature for a reasonable period to allow you to transition to the new or replacement API.

d. API Restrictions
You agree not to:

• Use the API in any manner that could damage, disable, overburden, or impair Assess App.
• Use the API for any purpose that is illegal or unauthorized.
• Redistribute, sell, lease, license, sublicense, or otherwise make the API available to any third party.
• Use the API to create a competing product or service.

19. Grant Assistance Services
From time to time, Elumina eLearning Pty Ltd may offer advisory services to assist clients in preparing or submitting applications for government grants or funding incentives related to digital education, assessment, or technology innovation.

By engaging Elumina for such services, you acknowledge and agree that:

• Elumina makes no representation, warranty, or guarantee that any grant or funding application will be approved or awarded, either in full or in part.
• The decision to approve or deny any application lies solely with the relevant government or third-party funding body.
• Any fees charged by Elumina for assistance with grant-related services are non-refundable, regardless of the outcome of the application.

These services are provided in good faith and are based on the information available at the time of consultation. It is your responsibility to ensure that you meet all eligibility criteria and that all application information is complete and accurate.

20. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law principles.

Contact Information

If you have any questions about these Terms, please contact us at:
Elumina eLearning Pty Ltd

Email: [email protected]
Phone: 1300 313 368

By using Assess App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.