Terms of Service

These Terms of Service ("Terms") govern your access to and use of BrainSprout (https://brainsprouts.app), operated by RetZero ABN [to be inserted] ("we", "us", "our"), a software development business based in Brisbane, Queensland, Australia.

By creating an account or using the Service, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

These Terms are a legally binding agreement between you and RetZero. Nothing in these Terms limits any rights you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("ACL") or any other non-excludable statutory right.

BrainSprout is an online educational platform that delivers curriculum-aligned learning activities in Maths, English and Science for Australian primary school children (Foundation to Year 6, approximately ages 5–12). The Service includes:

• Interactive quiz questions aligned to the Australian Curriculum (ACARA).
• Daily and weekly challenges with gamification elements (XP, levels, badges, streaks).
• A virtual garden feature where children grow Australian native plants.
• A parent dashboard with progress reports and printable achievement certificates.
• Adaptive difficulty that adjusts to each child's performance level.
• Access via web browser on any device, including as a Progressive Web App (PWA).

We reserve the right to modify, update or discontinue features of the Service at any time. We will provide reasonable notice of material changes.

3.1 Account Holder Requirements

To create an account on BrainSprout, you must be at least 18 years of age and a parent, legal guardian or person with parental responsibility for the child or children who will use the Service. By creating an account, you represent and warrant that:

• You are at least 18 years old.
• You have the legal authority to enter into this agreement.
• You have authority to create child profiles and consent to the collection of information about those children.
• The information you provide during registration is accurate and complete, and you will keep it current.

3.2 Child Accounts

Children use the Service through child profiles created under a parent or guardian's account. Children must not create their own accounts. If we become aware that a child under 13 has created an independent account without parental consent, we will delete that account promptly.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@retzero.io if you suspect any unauthorised access to your account.

New accounts receive a 7-day free trial with access to all paid features. No credit card is required to start the trial. At the end of the trial period, your account will revert to the Free plan unless you have chosen a paid subscription.

We reserve the right to modify or discontinue the free trial offer at any time for new registrations. Existing trials will be honoured for their full duration.

BrainSprout offers the following plans (all prices in Australian Dollars, inclusive of GST where applicable):

We reserve the right to change subscription pricing with at least 30 days' prior written notice to existing subscribers. Price changes will take effect at the start of the next billing period after the notice period. If you do not agree to a price change, you may cancel before the new price takes effect.

Payment for paid subscriptions is processed by Stripe, Inc., a third-party payment processor. By subscribing to a paid plan, you authorise us to charge your chosen payment method on a recurring basis (per term, monthly, or annually) until you cancel.

• Billing cycle: Per-term subscriptions are billed at the start of each school term (~10-week access period). Monthly subscriptions are billed every 30 days. Yearly subscriptions are billed annually on the anniversary of your subscription start date.
• Failed payments: If a payment fails, we will attempt to charge your payment method again and will notify you by email. If payment is not received after reasonable attempts, your account will be downgraded to the Free plan.
• GST: Prices are inclusive of Australian Goods and Services Tax (GST) where applicable.
• Currency: All charges are in Australian Dollars (AUD).

You may cancel your subscription at any time from your account settings page. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until that date.

Upon cancellation, your account will revert to the Free plan. Your account data and child profiles will be retained for a period of 12 months to allow you to resubscribe and resume your children's learning progress. After this period, data may be deleted in accordance with our Privacy Policy.

We do not charge cancellation fees.

8.1 Consumer Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have services supplied within a reasonable time.

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the ACL which cannot lawfully be excluded or limited.

8.2 Refund Policy

Subject to your rights under the ACL, our refund policy is as follows:

• Free trial period: If you cancel during the 7-day free trial, you will not be charged.
• Change of mind: We do not provide refunds for subscription fees already charged where you simply change your mind. However, we will consider requests on a case-by-case basis.
• Service failure: If the Service is unavailable for a sustained period due to a fault on our part, we will provide a pro-rata credit or refund for the affected period.
• Duplicate charges: Any verified duplicate charges will be refunded promptly.

To request a refund, contact us at support@retzero.io.

9.1 Our Intellectual Property

All content, software, design, text, graphics, logos, icons, data, questions, explanations, and other materials in or forming part of the Service (collectively, "Our Content") are the intellectual property of RetZeroor our content licensors, and are protected by Australian and international copyright, trade mark and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service and Our Content solely for your personal, non-commercial educational purposes in accordance with these Terms.

You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Our Content without our prior written consent, except as necessary to use the Service for its intended purpose.

9.2 ACARA Curriculum Alignment

The Australian Curriculum content descriptions are © Australian Curriculum, Assessment and Reporting Authority (ACARA), licensed under Creative Commons Attribution 4.0 International (CC BY 4.0). BrainSprout's question content is independently created and aligned to the curriculum.

You agree that you will not, and will ensure that child users do not:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Attempt to gain unauthorised access to any part of the Service, other user accounts, or our systems.
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.
• Reverse engineer, decompile, disassemble or attempt to derive the source code of the Service.
• Scrape, harvest or collect data from the Service by automated means without our prior written consent.
• Use the Service to transmit any unsolicited commercial communications or malicious content.
• Resell, sublicense or commercially exploit the Service or any part of it without our prior written consent.
• Create multiple accounts to circumvent Free plan limitations or to obtain multiple free trials.
• Provide false or misleading information when creating an account or child profile.

Breach of this section may result in immediate suspension or termination of your account without refund, and we reserve the right to pursue any available legal remedies.

We aim to make the Service available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will endeavour to provide advance notice).
• Unplanned outages or technical failures.
• Circumstances beyond our reasonable control (see Section 15).

We will use reasonable endeavours to restore the Service as soon as practicable following any outage.

To the maximum extent permitted by law (but subject to your non-excludable rights under the ACL):

• The Service is provided "as is" and "as available" without warranty of any kind, express or implied, except as required by law.
• We do not warrant that the Service will be error-free, uninterrupted, or free from viruses or other harmful components.
• We are not liable for any indirect, incidental, consequential, special or punitive damages arising out of or related to your use of or inability to use the Service, including loss of data, loss of profits, or loss of business opportunity.
• Our total liability to you for any claim arising out of or related to these Terms or the Service is limited to the greater of: (a) the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim; or (b) AUD $100.

Where legislation implies a warranty or condition that cannot be excluded but can be limited, our liability is limited (at our option) to resupply of the service or payment of the cost of having the service resupplied.

BrainSprout is designed to support and supplement children's education, not replace formal schooling. Question content is aligned to ACARA curriculum descriptions but is not endorsed by or affiliated with ACARA, the Australian Government, any State or Territory Education Department, or any individual school.

Learning outcomes may vary between individual children. We make no guarantee of specific academic improvement or results.

The Service integrates with third-party services including Google (authentication), Stripe (payments) and others. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the acts or omissions of any third-party service provider.

We are not liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, government action, internet or telecommunications outages, or third-party platform failures.

16.1 Termination by You

You may terminate your account at any time by deleting it through your account settings or by emailing support@retzero.io. Termination does not entitle you to a refund of any prepaid subscription fees, except as required by the ACL.

16.2 Termination by Us

We may suspend or terminate your account if:

• You breach any provision of these Terms.
• We are required to do so by law or a regulatory authority.
• Your account has been inactive for more than 24 months.
• We discontinue the Service (with reasonable notice).

In the event of termination for breach, we will not be obligated to provide a refund of any prepaid fees. In the event of termination for any other reason, we will provide a pro-rata refund of any unused prepaid subscription fees.

We may update these Terms from time to time to reflect changes in law, our business or the Service. We will notify you of material changes by:

• Emailing the address associated with your account at least 14 days before the changes take effect; and
• Displaying a notice within the Service.

Continued use of the Service after the effective date of updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you should cancel your subscription and stop using the Service before the effective date.

These Terms are governed by the laws of Queensland, Australia. You and RetZerosubmit to the non-exclusive jurisdiction of the courts of Brisbane, Queensland.

We encourage you to contact us in the first instance to resolve any dispute informally. If a dispute cannot be resolved informally within 30 days, either party may refer the matter to mediation administered by the Resolution Institute (Australia) before commencing formal proceedings.

Nothing in this section prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.

Nothing in these Terms limits your rights to contact the Australian Competition and Consumer Commission (ACCC) or your State or Territory consumer protection agency if you believe your consumer rights have been breached.

Our collection, use and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and RetZero with respect to the Service, and supersede all prior agreements, understandings and representations.

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