Terms of Use

Terms of Use for Emma AI Tutor Intallaga Tech Pty Ltd Effective Date: December 1, 2025 Last Updated: November 22, 2025 1. Acceptance of Terms These Terms of Use ("Terms") govern your access to and use of the Emma AI tutoring application and service ("Service") provided by Intallaga Tech Pty Ltd (ABN: 98688696782) ("Intallaga," "we," "us," or "our"). BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree, do not use the Service. For users under 18: Your parent or legal guardian must agree to these Terms on your behalf. 2. Service Description Emma is an AI-powered educational assistant that provides homework help, tutoring, and learning support. The Service uses artificial intelligence and machine learning to interact with users. Important Limitations: - The Service is a supplementary educational tool, not a replacement for formal education - AI responses may contain errors or inaccuracies - The Service does not guarantee academic improvement or specific outcomes - We do not provide professional educational, medical, or psychological advice 3. Eligibility and Account Requirements 3.1 Age Requirements - Users aged 6-16 must have parental/guardian consent - Users under 6 are not permitted to use the Service - Users over 16 may use the Service independently - We reserve the right to request proof of age or parental consent 3.2 Account Responsibilities You agree to: - Provide accurate, current information - Maintain security of your account credentials - Notify us immediately of unauthorized access - Not share your account with others - Not create multiple accounts to circumvent limitations You are responsible for all activity on your account, including unauthorized use. 4. Acceptable Use 4.1 Permitted Uses - Personal, non-commercial educational purposes - Homework assistance and learning support - Skill development and practice 4.2 Prohibited Uses You may NOT: - Use the Service for commercial purposes without authorization - Attempt to reverse engineer, decompile, or hack the Service - Upload malicious code, viruses, or harmful content - Harass, abuse, or harm others - Violate any laws or regulations - Bypass access controls or security measures - Use automated systems (bots, scrapers) without authorization - Impersonate others or misrepresent your identity - Submit content that infringes intellectual property rights - Use the Service to generate content for resale or redistribution - Attempt to extract underlying AI models or training data Violation may result in immediate account termination without refund. 5. Intellectual Property Rights 5.1 Our Rights The Service and all materials we create or provide — including our software, design, branding, text, graphics, features, and proprietary content — are owned by Intallaga and protected by Australian and international intellectual property laws. The Service may also incorporate or rely on third-party technologies, AI models, or licensed components. All intellectual property rights in those third-party components remain with their respective owners. We grant you a limited, non-exclusive, non-transferable license to use the Service for personal educational purposes only. 5.2 Your Content You retain ownership of content you submit (questions, images, etc.). By submitting content, you grant us: - A worldwide, royalty-free license to use, process, and store your content to provide the Service - Right to use anonymized, aggregated data to improve the Service - Right to use feedback you provide without compensation 5.3 AI-Generated Content Content generated by Emma (responses, explanations, etc.) is provided "as is" for educational purposes. You may use it for personal learning but may not: - Claim it as your own work for academic submission - Redistribute it commercially - Use it to train competing AI models 6. Payments and Subscriptions 6.1 Fees Current pricing is displayed in the app. We reserve the right to change fees with 30 days notice. 6.2 Subscriptions - Subscriptions auto-renew unless cancelled - Cancel anytime through your account settings - Cancellation takes effect at end of current billing period - No partial refunds for unused time 6.3 Free Tokens for New Users - New users receive complimentary tokens upon registration - Free tokens expire after a specified period (displayed in-app) - One free token allocation per user/household - Expired tokens cannot be reinstated or refunded - We reserve the right to modify or discontinue free token offerings - Creating multiple accounts to obtain additional free tokens is prohibited 6.4 Refunds Subject to your rights under the Australian Consumer Law, all sales are generally final. Refunds may be issued at our sole discretion in cases of: - Technical issues preventing Service use (after good faith effort to resolve) - Billing errors Refund requests must be made within 7 days of charge. No refunds for: - Change of mind - Dissatisfaction with educational outcomes - Failure to use the Service - Account termination due to Terms violations 6.5 Payment Processing Payments are processed by third-party providers (Stripe). We are not responsible for their errors or delays. 7. DISCLAIMER OF WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: - Merchantability or fitness for a particular purpose - Accuracy, reliability, or completeness of content - Uninterrupted or error-free operation - Security or freedom from viruses - Educational outcomes or academic improvement WE DO NOT WARRANT THAT: - The Service will meet your requirements - AI responses will be accurate or appropriate - Defects will be corrected - The Service will be available at all times USE AT YOUR OWN RISK. 8. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW: 8.1 Exclusion of Liability INTALLAGA, ITS DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR: - Indirect, incidental, special, consequential, or punitive damages - Loss of profits, revenue, data, or goodwill - Academic consequences (poor grades, disciplinary action) - Emotional distress or psychological harm - Equipment damage or data loss - Third-party actions or content EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.2 Cap on Liability OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED: - The amount you paid to us in the 12 months before the claim, OR - AUD $100, whichever is greater 8.3 Consumer Guarantees Nothing in these Terms excludes or limits consumer guarantees under the Australian Consumer Law (ACL) that cannot be excluded. However, where permitted by law, our liability for breach of non-excludable guarantees is limited to, at our option: - Resupply of the Service, or - Payment of the cost of resupply 8.4 Force Majeure We are not ∂ for delays or failures due to circumstances beyond our reasonable control (natural disasters, pandemics, strikes, government actions, internet failures, third-party service disruptions). 9. Indemnification You agree to indemnify, defend, and hold harmless Intallaga, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: - Your use or misuse of the Service - Your violation of these Terms - Your violation of any laws or third-party rights - Content you submit - Unauthorized use of your account due to your failure to secure credentials 10. Content and Conduct 10.1 User Content You are solely responsible for content you submit. We reserve the right to remove content that: - Violates these Terms - Is illegal, harmful, or offensive - Infringes intellectual property rights - Poses security or safety risks 10.2 Monitoring We may (but are not obligated to) monitor, record, or review: - User interactions for safety and quality purposes - Compliance with these Terms - Reports of abuse or misuse We are not liable for user content or conduct. 10.3 Reporting Report violations or concerns to: hi@intallaga.com 11. Privacy Your privacy is important. Our Privacy Policy (available at /privacy) explains how we collect, use, and protect your information. By using the Service, you consent to our Privacy Policy. 12. Third-Party Services The Service integrates with third-party providers (OpenAI, Stripe, cloud hosting). While we use reasonable efforts to provide a reliable Service, we cannot guarantee the availability, performance, or security of third-party providers, as these are outside our reasonable control. This includes any: - Third-party availability, performance, or security - Third-party terms or privacy practices - Disruptions caused by third-party services Use of third-party services is subject to their respective terms. 13. Service Modifications and Termination 13.1 Changes to Service We reserve the right to: - Modify, suspend, or discontinue any feature or the entire Service - Change availability, features, or functionality - Impose usage limits With or without notice. We are not liable for any modifications or discontinuation. 13.2 Account Termination We may suspend or terminate your account immediately without notice for: - Violation of these Terms - Suspected fraud or illegal activity - Non-payment of fees - Harm to the Service or other users - Where we reasonably believe it is necessary to protect the Service or other users. Upon termination: - Your right to use the Service ends immediately - We may delete your data (subject to legal obligations) - No refunds will be issued - Sections 7-9 and 14-18 survive termination 14. Dispute Resolution 14.1 Governing Law These Terms are governed by the laws of South Australia and Australia, without regard to conflict of law principles. 14.2 Jurisdiction You agree to the exclusive jurisdiction of courts in South Australia for any disputes. 14.3 Informal Resolution Before legal action, you agree to contact us at hi@intallaga.com to attempt informal resolution. Provide: - Your name and contact information - Description of the dispute - Desired resolution We aim to respond within 30 days. 15. Changes to Terms We may modify these Terms at any time. Material changes will be notified via: - Email to registered users - Prominent notice in the app - Updated "Last Updated" date Continued use after changes constitutes acceptance. If you don't agree, discontinue use and cancel your account. 16. General Provisions 16.1 Entire Agreement These Terms, together with our Privacy Policy, constitute the entire agreement between you and Intallaga. 16.2 Severability If any provision is found invalid or unenforceable, the remaining provisions remain in full effect. 16.3 Waiver Our failure to enforce any right or provision does not constitute a waiver of that right or provision. 16.4 Assignment You may not assign or transfer these Terms. We may assign or transfer our rights and obligations without restriction. 16.5 No Third-Party Beneficiaries These Terms do not create any third-party beneficiary rights. 16.6 Language These Terms are in English. Any translations are for convenience only. The English version controls in case of conflict. 17. Contact Information Intallaga Tech Pty Ltd Email: hi@intallaga.com Address: Suite 55, Marnirni-apinthi Building, Lot Fourteen, North Terrace, Adelaide, SA 5000 For support: hi@intallaga.com For legal inquiries: hi@intallaga.com 18. Acknowledgment BY USING THE SERVICE, YOU ACKNOWLEDGE THAT: - You have read and understood these Terms - You agree to be bound by these Terms - If under 18, your parent/guardian has consented - You understand the Service limitations and risks - You understand our liability limitations - You agree to the dispute resolution provisions --- END OF TERMS OF USE