Effective Date: October 2025

Company: Learnity Pty Ltd (ABN 689 268 031) trading as LearnAble Technologies

Contact: info@hellolearnable.com.au | WOTSO Zetland, 1-5 Link Road, Zetland, NSW, 2017, Australia

Jurisdiction: Australia only

Part 1 – Legal Terms and Conditions

1. Definitions

In these Terms:

1.1 “We”, “Us”, “Our” means Learnity Pty Ltd trading as LearnAble Technologies.

1.2 “User” means any person who accesses or uses the Services, including NDIS participants, carers, plan nominees, guardians, and support providers.

1.3 “NDIS” means the National Disability Insurance Scheme established under the National Disability Insurance Scheme Act 2013 (Cth), which provides funding to eligible Australians with permanent and significant disability to access supports and services that help them achieve their goals and improve independence and wellbeing.

1.4 “NDIS Participant” means a person who receives funding or services under the National Disability Insurance Scheme (NDIS).

1.5 “Guardian” or “Plan Nominee” means a person legally authorised to act on behalf of an NDIS participant.

1.6 “Services” means the LearnAble mobile app, web platform, AI tools, and related features provided by Us.

1.7 “AI Processing” means the automated or semi-automated analysis of data by artificial intelligence systems within the Services.

1.8 “Personal Information” has the meaning given in the Privacy Act 1988 (Cth).

1.9 “Policies” means Our Privacy Policy, NDIS Compliance Statement, and Ethical AI and Responsible Data Use Policy, each incorporated into these Terms by reference.

2.0 “Content” means any text, audio, images, video, files, or other materials uploaded, recorded, or shared through the Services.

2. Acceptance of Terms

By creating an account, accessing, or using the Services, You agree to be bound by these Terms and Our Policies.

If You are acting as a Guardian or Plan Nominee, You confirm You are legally authorised to act on behalf of the NDIS participant and have obtained informed consent where possible.

If You do not agree to these Terms, You must not use the Services.

3. Eligibility

You must be:

(a) A resident of Australia; and

(b) At least 18 years of age; or

(c) Under 18 but using the Services with the consent and supervision of a Guardian or Plan Nominee.

We may request evidence of eligibility at any time and reserve the right to refuse or suspend access if eligibility requirements are not met.

3A. Use Outside Australia

(a) The Services are intended for use within Australia only.

(b) We make no representation that the Services are appropriate or available for use in other countries.

(c) Accessing or using the Services from outside Australia is at Your own risk and may not be supported.

(d) Certain features, including AI Processing and NDIS-linked functionality, may not operate or may be restricted outside Australia.

(e) By using the Services outside Australia, You remain responsible for complying with all applicable local laws and regulations.

4. Description of Services

LearnAble is an assistive technology platform designed to support NDIS participants, carers, and providers by:

(a) Assisting with communication and daily task management;

(b) Providing AI-generated responses to questions and prompts;

(c) Storing and organising information related to supports and goals.

The Services are not:

(a) A replacement for medical, legal, financial, or therapeutic advice;

(b) A substitute for professional NDIS plan management or therapy;

(c) Guaranteed to be error-free, uninterrupted, or available at all times.

We may update, modify, or remove features without notice to improve functionality or compliance. Older versions may cease to function after updates.

4A. Pricing, Billing and Payments

(a) Some features of the Services may require payment. Pricing and inclusions are displayed within the app, on Our website, or through authorised distribution partners.

(b) Where Services are paid through a subscription, bundle, or device plan, the billing terms of that arrangement apply (for example, NDIS plan-managed payments or third-party invoicing).

(c) You authorise Us (or Our payment provider) to charge the applicable fees using the payment method You select.

(d) Subscriptions renew automatically unless cancelled before the renewal date.

(e) Refunds for in-app purchases or subscriptions made through app stores are handled according to Apple App Store or Google Play refund policies.

(f) Unless required by law, fees are non-refundable once Services have been provided or activated.

(g) We may change pricing or introduce new paid features with reasonable notice. Continued use after notice means You accept the new terms.

4B. NDIS Plan Funding and Payment Process

(a) LearnAble is an assistive technology product that may be funded under a participant’s NDIS plan, where approved by the participant, their guardian, or plan manager.

(b) Payments for LearnAble are managed outside of the App Stores and processed directly through Learnity Pty Ltd or authorised NDIS plan managers, in accordance with the participant’s NDIS plan and applicable NDIS pricing arrangements.

(c) LearnAble does not accept payment through the Apple App Store, Google Play Store, or other in-app purchase systems.

(d) No fees are charged to a participant’s personal App Store account, Apple ID, or Google account.

(e) NDIS participants, guardians, or plan managers are responsible for ensuring LearnAble is an approved and funded support under the participant’s plan.

(f) We may provide invoices or service agreements directly to participants, plan managers, or support coordinators for payment under the appropriate NDIS line item.

(g) Where a participant is self-managed or plan-managed, they authorise Learnity Pty Ltd or its authorised partners to issue invoices and receive payments under their NDIS plan.

(h) For clarity, LearnAble does not provide financial advice, and NDIS eligibility or funding decisions are made by the National Disability Insurance Agency (NDIA), not by Learnity Pty Ltd.

5. NDIS Participant Rights

We operate in accordance with the NDIS Code of Conduct and commit to:

(a) Respecting participant privacy and dignity;

(b) Supporting independence and informed choice;

(c) Communicating in accessible and culturally safe ways.

Our NDIS Compliance Statement explains how the Services align with participant rights and safeguards.

Users and Guardians are responsible for ensuring that LearnAble complements - but does not replace - supports funded under an NDIS plan.

6. Account Registration and Management

To access certain features, You must register for an account and provide accurate, current, and complete information.

You must:

(a) Keep Your login details secure;

(b) Notify Us immediately if You suspect unauthorised access;

(c) Keep account information up to date;

(d) Maintain valid payment details for any paid subscription.

You are responsible for all activity under Your account, including activity by authorised representatives.

7. User Conduct

You must not use the Services to:

(a) Break the law or encourage illegal activity;

(b) Harass, threaten, or harm others;

(c) Share offensive, harmful, or discriminatory content;

(d) Upload malware, viruses, or malicious code;

(e) Attempt to hack, disrupt, or compromise security;

(f) Misrepresent Your identity or act on behalf of another person without proper authority;

(g) Generate or share disinformation, hateful, violent, or sexually explicit material;

(h) Create impersonations, “deepfakes,” or misleading representations of others;

(i) Automate decision-making that has legal, medical, or financial consequences without qualified human oversight;

(j) Train or develop competing AI systems using the Services; or

(k) Circumvent or interfere with any safety or monitoring mechanisms.

We are not responsible for disputes between Guardians, carers, or authorised users.

7A. Monitoring and Responsible AI Use

(a) To maintain safety and compliance, We may monitor and audit interactions with the Services, including AI-generated content, to detect misuse or harmful activity.

(b) Monitoring and AI governance are guided by Our Ethical AI and Responsible Data Use Policy, which explains Our approach to fairness, transparency, accountability, and safety in AI-powered interactions.

(c) We may suspend or restrict access if misuse, unsafe behaviour, or unethical activity is detected.

8. Data Collection and Privacy

We collect, store, and process Personal Information as described in Our Privacy Policy.

This may include:

(a) Contact and account details;

(b) Health or disability-related information;

(c) Audio recordings, transcripts, and files uploaded by Users.

We comply with the Privacy Act 1988 (Cth) and the NDIS Code of Conduct.

By using the Services, You consent to AI Processing of Your data as described in Our Privacy Policy.

Sensitive Information Disclaimer:

You should avoid sharing unnecessary personal, health, or financial information with the AI unless essential for the intended use.

8A. Data for AI Improvement

(a) You consent to Us using anonymised or aggregated data from Your use of the Services to train, evaluate, and improve Our AI models.

(b) Any such use will not include Personal Information or identifiable health data without Your explicit consent.

(c) We will not sell or rent identifiable user data for model training.

9. Security and Data Breach

We use industry-standard security measures to protect Your data. However, no system is completely secure.

We cannot guarantee absolute protection against unauthorised access, cyberattacks, or data loss.

If a data breach occurs, We will notify affected Users as required under the Privacy Act 1988 (Cth).

10. Cross-Border Data Processing

Some AI Processing may be performed by trusted service providers located outside Australia.

We ensure all handling meets Australian privacy standards.

Primary data storage occurs in Australia unless otherwise stated.

11. Professional Advice Disclaimer

LearnAble Technologies provides AI-assisted information tools designed to support, but not replace, human judgement or professional advice.

The Services are for general support only and are not a substitute for:

• Medical, psychological, therapeutic, legal, or financial advice;

• Emergency assistance or crisis support;

• Services delivered by a qualified practitioner.
  Always verify important information with a qualified professional.
  If You are in crisis, contact emergency services (000 in Australia) or a recognised crisis line.

11A. AI Outputs and User Responsibility

(a) AI responses are generated automatically and may contain inaccuracies, omissions, or bias.

(b) You must verify all information before acting on it.

(c) We do not guarantee that any output will be accurate, relevant, or suitable for Your needs.

(d) You are solely responsible for decisions made using AI outputs.

12. User Content and Licence

You retain ownership of Content You provide.

By submitting Content, You grant Us a non-exclusive, royalty-free licence to:

(a) Store, process, and use Content to deliver the Services;

(b) Use anonymised data to improve the Services.

12A. AI Model and Output Ownership

(a) All intellectual property in the AI models, algorithms, datasets, and related technology remains with Learnity Pty Ltd or its licensors.

(b) You may use AI outputs for personal, non-commercial purposes only, unless otherwise agreed in writing.

(c) You must not reverse-engineer, extract, or replicate the underlying AI models or datasets.

(d) Nothing in these Terms transfers ownership of the AI technology.

13. Service Availability and Support

We aim to provide reliable Services but cannot guarantee uninterrupted access.

We may suspend Services for maintenance, security, or upgrades.

Device warranties and data plans remain with their original providers.

We do not guarantee against data loss; maintain Your own backups.

13A. Device, Software and Internet Requirements

(a) You must have a compatible device, operating system, and reliable internet connection.

(b) Some functions require an active connection and will not operate offline.

(c) You are responsible for associated device, data, and software costs.

(d) We are not responsible for limited functionality or delays due to connectivity or device issues.

(e) We may update the Services at any time; older versions may cease to function.

13B. AI Model Updates and Performance Changes

(a) We may update or modify the AI models or data sources at any time.

(b) Updates may change behaviour or outputs.

(c) We are not liable for performance differences following updates.

(d) Older versions may be discontinued without notice.

14. Third-Party Services and Links

The Services may include links or integrations with third-party websites or software.

We do not control or endorse these third-party services and are not responsible for their content, security, or availability.

Use of such services is at Your own risk.

14A. App Store Access and Distribution

(a) The Services are distributed through third-party platforms, including the Apple App Store and Google Play Store (collectively, “App Stores”).

(b) Access to and use of the Services through these App Stores are subject to the respective App Store terms of service. You agree to comply with all applicable App Store rules and policies.

(c) We are responsible for the content and operation of the LearnAble app, but We are not affiliated with Apple Inc. or Google LLC, and they are not responsible for the app’s performance or support.

(d) We are not responsible for the availability, functionality, or continued listing of the LearnAble app on any App Store.

(e) Your ability to download, update, or use the app may depend on App Store requirements, including device compatibility, operating system version, and geographic restrictions.

(f) Payments for LearnAble subscriptions, bundles, or services are managed directly by Learnity Pty Ltd or authorised NDIS partners.

(g) We may modify, suspend, or withdraw the LearnAble app from any App Store at any time, with reasonable notice where practicable.

15. Warranties and Limitation of Liability

(a) No Warranty – The Services are provided “as is” and “as available.”

(b) Australian Consumer Law – Nothing in these Terms excludes rights under the Australian Consumer Law.

(c) Limitation of Liability – Our total liability to You is limited to the amount You paid in the preceding twelve (12) months. We are not liable for indirect or consequential loss.

(d) Exclusions – We are not liable for harm from reliance on AI outputs, misuse, third-party failures, or events beyond Our control.

(e) NDIS Context – We are not an NDIS plan manager, support coordinator, or provider.

(f) Data and Connectivity – We are not responsible for service interruptions, data loss, or device issues beyond Our control.

15A. Force Majeure

We are not liable for delay or failure to perform obligations due to events beyond Our control, including natural disasters, government restrictions, pandemics, or network failures.

15B. Indemnity

You agree to indemnify Learnity Pty Ltd, its officers, employees, and affiliates from any claims, damages, or costs arising from Your breach, misuse, or unlawful conduct.

This indemnity survives termination.

15C. AI Bias and Unexpected Outcomes

(a) AI models may reflect historical biases or incomplete data.

(b) We do not guarantee outputs are free from bias or error.

(c) We are not liable for loss resulting from biased or inaccurate AI outputs.

16. Feedback and Suggestions

If You provide feedback or suggestions, You grant Us a royalty-free right to use them for improvement without compensation.

17. Beta or Experimental Features

Some features may be released in beta or testing phases and may change or be withdrawn without notice.

18. Complaints and Dispute Resolution

Email Us at [Insert email] with details of Your complaint.

We will acknowledge within 5 business days and aim to resolve within 14.

If unresolved, You may contact the NDIS Quality and Safeguards Commission.

Before taking legal action, both parties agree to attempt mediation in good faith.

19. Termination and Suspension

We may suspend or terminate access for breach or misuse.

You may request account closure at any time.

We may discontinue the Services with reasonable notice.

20. Changes to Terms

We may update these Terms by posting an updated version on Our website or in the app.

Continued use after updates means You accept the changes.

21. Entire Agreement, Assignment and Survival

These Terms constitute the entire agreement between You and Us.

We may assign Our rights or obligations without notice.

Clauses relating to liability, indemnity, and intellectual property survive termination.

22. Severability and Waiver

If any part of these Terms is invalid, the rest remains in force.

Failure to enforce a right does not waive it.

23. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

You submit to the exclusive jurisdiction of its courts.

24. Contact Us

Email: info@hellolearnable.com.au

Address: WOTSO Zetland, 1-5 Link Road, Zetland, NSW, 2017, Australia

Part 2 – Easy Read/Plain English Version

(If anything here is different to the legal version above, the legal version applies.)

About LearnAble 

LearnAble is an app and website that helps people, including NDIS participants, with everyday tasks, reminders, and communication.

It uses AI (artificial intelligence) to make things easier, but it’s not perfect and can make mistakes.

LearnAble is not a doctor, lawyer, or therapist — it’s a support tool only.

Who can use LearnAble 

You can use LearnAble if you live in Australia and are over 18, or if a parent, guardian, or nominee helps you use it.

Your account 

Keep your password safe. Tell us if someone else uses your account.

How to use LearnAble 

Be respectful and safe. Don’t share harmful or rude content.

Your information 

We keep your information private and safe. Our Privacy Policy explains how.

About AI 

AI gives you ideas and reminders but can be wrong or biased. Always check with a trusted person for important decisions.

Payments 

If you pay for LearnAble, the price will be shown before you agree. Refunds follow app-store rules.

When things go wrong 

Sometimes LearnAble may not work properly if your internet is slow or if you’re overseas. We’re not responsible for things outside our control.

Complaints 

If you have a problem, email us. If you’re not happy with the result, you can contact the NDIS Quality and Safeguards Commission.

Contact 

Email: info@hellolearnable.com.au

Address: WOTSO Zetland, 1-5 Link Road, Zetland, NSW, 2017, Australia