Terms of Service

1. Introduction & Acceptance of Terms

Welcome to InsightTrail. These Terms of Service ("Terms") govern your access to and use of the InsightTrail platform, including our website, mobile applications, and related services (collectively, the "Service"), operated by Insight Trail Pty Ltd (ABN 46 669 343 953).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. We recommend that you print or save a copy of these Terms for your records.

These Terms constitute a legally binding agreement between you and Insight Trail Pty Ltd. Please read them carefully before using the Service.

2. Description of Service

InsightTrail is an AI-powered personalized learning platform that enables:

• For Learners: Access to interactive learning experiences, personalized learning pathways, AI-generated study materials, and progress tracking tools.
• For Content Creators: Tools to transform educational content (books, podcasts, videos) into interactive learning companions, analytics dashboards, and monetization capabilities.

The Service utilizes artificial intelligence and machine learning technologies to provide personalized educational experiences. The specific features available to you may depend on your subscription plan.

3. Account Registration & Security

Age Requirements

To use the Service:

• You must be at least 16 years old to create an account without parental consent.
• Users aged 13 to 15 may use the Service with verified parental or guardian consent.
• Users under 13 years old are not permitted to use the Service.

Account Responsibilities

When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account credentials
• Promptly notify us of any unauthorized access or security breaches
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent purposes.

4. Subscription Plans & Payment

Subscription Options

The Service offers various subscription tiers, which may include free and paid options. Details of available plans, features, and pricing are available on our website.

Billing

For paid subscriptions:

• Billing occurs on a recurring basis (monthly or annually) based on your selected plan
• Payment is due at the beginning of each billing period
• All prices are in Australian Dollars (AUD) unless otherwise specified
• Prices are inclusive of GST where applicable

Cancellation & Refunds

You may cancel your subscription at any time. Upon cancellation, you will retain access until the end of your current billing period. Refunds are provided in accordance with Australian Consumer Law and our refund policy.

5. User Responsibilities & Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service in any way that violates applicable laws or regulations
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems (bots, scrapers) to access the Service without our express permission
• Upload or transmit viruses, malware, or other malicious code
• Harass, abuse, or harm other users
• Use the Service to generate content that is illegal, harmful, or infringes on the rights of others

6. Intellectual Property Rights

Our Content

The Service and its original content (excluding user-generated content), features, and functionality are owned by Insight Trail Pty Ltd and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content

You retain ownership of content you create or upload to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating and improving the Service.

Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

7. Content Creator Terms

If you use the Service as a Content Creator to publish educational materials:

• You represent that you own or have the necessary rights to the content you upload
• You are responsible for ensuring your content does not infringe on third-party rights
• Revenue sharing arrangements are governed by separate Creator Agreements
• We may remove content that violates these Terms or applicable laws

8. AI-Generated Content Disclaimer

Important: The Service uses artificial intelligence to generate educational content, explanations, and recommendations. Please be aware of the following limitations:

Accuracy & Reliability

• AI-generated content may contain errors, inaccuracies, or "hallucinations" (plausible-sounding but incorrect information)
• AI systems may exhibit biases present in their training data
• Generated content should be verified before relying on it for important decisions

Not Professional Advice

AI-generated content on InsightTrail is for educational and informational purposes only and does not constitute:

• Professional, medical, legal, financial, or therapeutic advice
• Exam preparation guarantees or certification
• A substitute for consultation with qualified professionals

Your Responsibility

You are solely responsible for verifying the accuracy of AI-generated content and for any decisions or actions you take based on such content. We strongly recommend cross-referencing important information with authoritative sources.

9. Third-Party Services & Integrations

The Service may integrate with or contain links to third-party websites, services, or content. We are not responsible for:

• The content, privacy practices, or policies of third-party services
• Any loss or damage arising from your use of third-party services
• The availability or functionality of third-party integrations

Your use of third-party services is subject to their respective terms and conditions.

10. Privacy & Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms part of these Terms.

By using the Service, you consent to the collection and use of information as described in our Privacy Policy.

11. Service Availability & Modifications

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may:

• Temporarily suspend the Service for maintenance, updates, or improvements
• Modify, update, or discontinue features with or without notice
• Limit access to certain features based on subscription tier or geographic location

We will endeavor to provide reasonable notice of significant changes where practical.

12. Termination & Suspension

By You

You may terminate your account at any time through your account settings or by contacting us. Upon termination, your right to use the Service ceases immediately.

By Us

We may suspend or terminate your account if:

• You breach these Terms
• Your use poses a security risk to the Service or other users
• Required by law or regulatory authority
• We discontinue the Service

Effect of Termination

Upon termination, provisions that by their nature should survive will remain in effect, including intellectual property rights, disclaimers, limitations of liability, and dispute resolution provisions.

13. Limitation of Liability

To the maximum extent permitted by law, Insight Trail Pty Ltd and its directors, employees, partners, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from your reliance on AI-generated content
• Any unauthorized access to or alteration of your transmissions or data

Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

14. Indemnification

You agree to indemnify, defend, and hold harmless Insight Trail Pty Ltd and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of a third party
• Content you submit or make available through the Service

15. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles.

You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any disputes arising from these Terms or your use of the Service.

16. Dispute Resolution

Before initiating any formal legal proceedings, you agree to first contact us at legal@insighttrail.ai to attempt to resolve any dispute informally. We will endeavor to respond within 14 business days.

If informal resolution is unsuccessful, disputes may be submitted to mediation in accordance with the Resolution Institute Mediation Rules before proceeding to litigation.

17. Enterprise & Institutional Terms

Organizations using the Service under enterprise or institutional agreements may be subject to additional terms, including:

• Data Processing Agreements (DPA) for GDPR compliance
• Custom service level agreements (SLAs)
• Specific data residency requirements
• Volume licensing terms

Enterprise terms are negotiated separately and take precedence over these Terms where they conflict.

18. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will:

• Post the updated Terms on our website
• Update the "Last Updated" date
• Notify you via email or in-app notification for significant changes

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

19. Contact Information

If you have questions about these Terms or the Service, please contact us: