Terms of Service

1. Agreement to Terms

By accessing or using TutorGPT (the "Service"), available at www.tutorgpt.com.au, you ("User", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and Pivot Time Pty Ltd (ABN 33 600 371 908), trading as TutorGPT ("TutorGPT", "we", "us", or "our"). TutorGPT is a brand owned and operated by Pivot Time Pty Ltd, a company registered in Australia and operating under the laws of the State of Victoria.

If you are under 18 years of age, you must have your parent or legal guardian review and accept these Terms on your behalf before using the Service.

2. Description of Service

TutorGPT is an artificial intelligence-powered educational platform designed to assist students studying for the Victorian Certificate of Education (VCE). The Service provides:

• AI-generated tutoring conversations across VCE subject areas
• Practice exam questions and worked solutions
• Explanations of VCE concepts, topics, and study design content
• Study planning tools and learning resources
• Performance tracking and progress analytics

The Service uses large language model (LLM) technology and other AI systems to generate educational content in real time.

3. AI Content Accuracy Disclaimer

3.1 Nature of AI-Generated Content

All content provided by TutorGPT, including but not limited to explanations, practice questions, worked solutions, study advice, and exam preparation materials, is generated by artificial intelligence systems. By its nature, AI-generated content:

1. May contain factual errors, inaccuracies, or outdated information
2. May not always reflect the most current VCE Study Designs, curriculum documents, or assessment criteria
3. May produce responses that appear authoritative but are incorrect (known as "AI hallucinations")
4. May interpret questions or topics in ways that do not align with VCAA expectations
5. May generate practice questions that do not accurately replicate the style, difficulty, or marking criteria of actual VCE examinations

3.2 VCE Curriculum and Assessment Alignment

While TutorGPT has been developed using best efforts to align its content with the VCE curriculum as published by the Victorian Curriculum and Assessment Authority (VCAA):

1. VCE Study Designs, key knowledge points, key skills, and assessment criteria may be updated, revised, or replaced by VCAA at any time without notice to us
2. There may be a delay between VCAA publishing curriculum changes and our Service reflecting those changes
3. We do not guarantee that our AI-generated content will cover 100% of the knowledge and skills prescribed in any VCE Study Design
4. We do not guarantee that practice exam questions will match the format, structure, cognitive demand, or marking allocations used in actual VCE examinations
5. Performance indicators, score predictions, or competency assessments provided by the Service are estimates only and should not be relied upon as predictive of actual VCE results

3.3 No Guarantee of Accuracy or Completeness

To the maximum extent permitted by law, we make no representations or warranties that:

1. Content generated by the Service is accurate, complete, current, or error-free
2. Practice exam questions or assessments accurately represent real VCE examinations
3. The Service covers all areas of the VCE curriculum for any given subject
4. Study advice or learning pathways recommended by the AI will lead to any particular outcome
5. Worked solutions follow the specific methodology or approach expected by VCAA assessors

3.4 User Responsibility to Verify

Users are solely responsible for:

1. Verifying all AI-generated content against official VCAA Study Designs, assessment handbooks, and published resources (available at www.vcaa.vic.edu.au)
2. Consulting qualified teachers, tutors, or educational professionals for authoritative guidance on VCE study and assessment
3. Cross-referencing practice exam content with past VCAA examinations and official sample materials
4. Making their own informed decisions regarding study strategies and exam preparation
5. Not relying solely on TutorGPT for any high-stakes educational decisions

3.5 Relationship with VCAA

TutorGPT is an independent service and is NOT affiliated with, endorsed by, or officially associated with the Victorian Curriculum and Assessment Authority (VCAA), the Victorian Department of Education, or any school, educational institution, or examination body. References to "VCE", "VCAA", and related terminology are made solely for the purpose of identifying the curriculum to which our content is intended to relate.

4. User Accounts and Eligibility

4.1 Eligibility

The Service is available to individuals who are:

1. At least 13 years of age (users aged 13–17 require parental or guardian consent)
2. Located in Australia
3. Using the Service for lawful educational purposes

4.2 Account Registration

To access certain features, you may be required to create an account. You agree to:

1. Provide accurate, current, and complete information during registration
2. Maintain and update your account information
3. Keep your login credentials confidential and secure
4. Notify us immediately of any unauthorised use of your account
5. Accept responsibility for all activity that occurs under your account

4.3 Parental Consent for Minors

If you are under 18 years of age, your parent or legal guardian must consent to your use of the Service and accept these Terms on your behalf. Parents and guardians are responsible for monitoring their child's use of the Service.

5. Acceptable Use

You agree NOT to:

1. Use the Service to engage in academic dishonesty, including submitting AI-generated content as your own work for graded assessments (School Assessed Coursework, School Assessed Tasks, or examinations)
2. Attempt to extract, scrape, or systematically download content from the Service
3. Share your account credentials with others or allow others to access your account
4. Use the Service for any commercial purpose without our written consent
5. Attempt to reverse engineer, decompile, or extract the AI models or algorithms
6. Use the Service to generate content that is harmful, offensive, discriminatory, or illegal
7. Circumvent or attempt to circumvent any security features, rate limits, or access controls
8. Misrepresent TutorGPT content as official VCAA materials

6. Intellectual Property

6.1 Our Intellectual Property

All intellectual property rights in the Service, including but not limited to the platform, software, design, branding, and proprietary content, remain the property of TutorGPT or its licensors. Nothing in these Terms grants you any rights to our intellectual property except the limited right to use the Service in accordance with these Terms.

6.2 AI-Generated Content

Content generated by the AI in response to your queries is provided for your personal educational use. You acknowledge that AI-generated content may be similar or identical to content generated for other users and does not constitute unique intellectual property. You may use AI-generated content for personal study purposes but may not commercially exploit it.

6.3 User Content

You retain ownership of any content you input into the Service. By using the Service, you grant us a limited, non-exclusive licence to process your inputs for the purpose of providing the Service, improving our AI systems, and enhancing the user experience, subject to our Privacy Policy.

6.4 Third-Party Content

The Service may reference or draw upon publicly available educational content, textbooks, and other third-party materials. All such content remains the property of its respective owners. We do not claim ownership of third-party content and use it only to the extent permitted by law, including under fair dealing provisions of the Copyright Act 1968 (Cth).

7. Subscription and Payments

7.1 Pricing

Certain features of the Service may be available through paid subscription plans. Current pricing is available on our website. We reserve the right to change pricing with 30 days' notice to existing subscribers.

7.2 Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). Payment is processed through our third-party payment provider and is subject to their terms and conditions.

7.3 Refunds

Refund requests are handled in accordance with Australian Consumer Law. If the Service fails to meet a consumer guarantee (e.g., the Service is substantially unfit for purpose or materially different from its description), you may be entitled to a refund. Refund requests should be submitted to support@pivottime.com.au.

7.4 Free Trial

If a free trial is offered, it will be subject to the terms specified at the time of registration. Unless cancelled before the trial expires, your subscription will automatically convert to a paid plan.

8. Limitation of Liability

8.1 No Liability for Educational Outcomes

To the maximum extent permitted by Australian law, TutorGPT expressly disclaims any liability for:

1. Any VCE results, ATAR scores, or academic outcomes achieved or not achieved by users of the Service
2. Any reliance placed on AI-generated content, including incorrect or misleading information
3. Any decisions made based on content provided by the Service, including subject selection, study strategies, or exam preparation approaches
4. Any loss or damage arising from curriculum changes by VCAA that are not yet reflected in the Service
5. Any differences between AI-generated practice questions and actual VCE examination questions

8.2 General Limitation

To the maximum extent permitted by law, our total aggregate liability to you for any claims arising from or related to the Service shall not exceed the total amount you have paid to us in the 12 months preceding the claim.

8.3 Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any similar State or Territory legislation that cannot be excluded, restricted, or modified by agreement. To the extent that our liability cannot be excluded, it is limited (at our option) to supplying the Service again or paying the cost of having the Service supplied again.

8.4 Exclusion of Consequential Loss

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, educational opportunities, or goodwill, regardless of the cause of action or the theory of liability.

9. Indemnification

You agree to indemnify, defend, and hold harmless TutorGPT, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to:

1. Your use of the Service in violation of these Terms
2. Your submission of AI-generated content as your own original work in breach of your school's academic integrity policy
3. Any misrepresentation of TutorGPT content as official VCAA material
4. Your violation of any applicable law or regulation

10. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand how we collect, use, store, and protect your personal information.

All locally stored personal data is held in secure Australian data centres. Certain AI processing may involve transient transmission of data to overseas AI model providers via API; however, your personal information is not stored on overseas servers. For full details, refer to our Privacy Policy.

We are committed to complying with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and, where applicable, any State or Territory privacy legislation.

11. AI-Specific Terms

11.1 AI Training and Improvement

We may use de-identified and aggregated data from user interactions to improve our AI models and the quality of the Service. This process does not involve sharing your personal information with third parties and is conducted in accordance with our Privacy Policy.

11.2 AI Limitations Acknowledgement

By using the Service, you acknowledge and accept that:

1. AI technology has inherent limitations and may produce errors
2. The AI does not "understand" content in the way a human tutor does — it generates responses based on statistical patterns
3. The AI may occasionally produce content that is inappropriate, irrelevant, or factually wrong despite our best efforts to prevent this
4. We continuously work to improve AI accuracy but cannot guarantee error-free operation
5. The AI should be treated as a supplementary study tool, not a primary or sole source of educational guidance

11.3 Content Filtering and Safety

We implement content filtering and safety measures to prevent the AI from generating harmful, inappropriate, or off-topic content. However, no filtering system is perfect. If you encounter inappropriate content, please report it to support@pivottime.com.au.

12. Service Availability and Modifications

We do not guarantee uninterrupted or error-free operation of the Service. We reserve the right to:

1. Modify, update, or discontinue any feature of the Service at any time
2. Perform maintenance that may temporarily affect availability
3. Update AI models, which may change the quality or nature of responses
4. Adjust content to reflect curriculum changes as we become aware of them

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, including for breach of these Terms. Upon termination:

1. Your right to use the Service ceases immediately
2. We may delete your account data in accordance with our Privacy Policy
3. Provisions of these Terms that by their nature should survive (including limitations of liability, indemnification, and dispute resolution) shall continue to apply

You may terminate your account at any time by contacting support@pivottime.com.au or through your account settings.

14. Dispute Resolution

These Terms are governed by the laws of the State of Victoria, Australia. Any dispute arising from or in connection with these Terms shall be:

1. First, addressed through good faith negotiation between the parties
2. If unresolved within 30 days, submitted to mediation in Melbourne, Victoria
3. If mediation fails, resolved by the courts of Victoria, Australia

Nothing in this clause limits your right to bring proceedings in any court of competent jurisdiction in Australia or to make a complaint to the Australian Competition and Consumer Commission (ACCC) or the Victorian Civil and Administrative Tribunal (VCAT).

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified to you via email or through the Service at least 14 days before taking effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree with the changes, you should discontinue use of the Service.

16. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and TutorGPT regarding the Service.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: We may assign our rights and obligations under these Terms. You may not assign your rights without our written consent.

Force Majeure: We shall not be liable for any failure or delay in performing our obligations due to events beyond our reasonable control.

17. Contact Us

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

Entity: Pivot Time Pty Ltd (trading as TutorGPT)
ABN: 33 600 371 908
Email: support@pivottime.com.au
Website: www.tutorgpt.com.au
Postal Address: Level 7, 333 Collins Street, Melbourne VIC 3000