Platform Licence Terms
Commercial terms for school licences and individual teacher licences to the Learnable Platform
Plain-language summary
These Terms are the commercial agreement with the school or individual teacher customer. Teachers, school staff and students must also follow the separate Learnable Acceptable Use Policy and User Terms. Students do not have payment obligations under this agreement.
Contents
2. Eligibility and authorised users
3. Licence grant and permitted use
4. Trials, licence periods, fees and renewal
5. Workspaces, accounts and user management
7. Customer Data and intellectual property
8. Privacy, security, subprocessors and AI marking
9. Service operation, support and changes
10. Suspension and account closure
11. Expiry, termination, data export and deletion
12. Confidentiality and publicity
13. Warranties, liability and Australian Consumer Law
Schedule 1 - Individual Licence
Schedule 3 - NSW public-school purchases
Key terms at a glance
| Topic | Position |
|---|---|
| Who can use Learnable | Secondary students in Years 7 to 12, and authorised teachers and school staff. |
| Students under 18 | They may use Learnable through a school or authorised teacher, subject to any consent or notice required by law or school policy. |
| Student accounts | Created or authorised by a school or authorised teacher. A student does not purchase a licence. |
| Student and teacher content | The customer or relevant user retains ownership. Learnable receives only the limited rights needed to provide and secure the service. |
| Advertising | Learnable does not sell Student Data, use it for advertising or build advertising profiles of students. |
| School renewal | A School Licence does not automatically renew. A further licence period requires written agreement or an authorised Order Form. |
| Account closure | Learnable usually gives prior notice and a reasonable opportunity to address a remediable issue before permanent closure, unless immediate action is necessary. |
| Data after expiry | Customer Data is normally available for export for 30 days after expiry, unless another period is agreed or required. It is then deleted or de-identified from active systems under Learnable’s retention schedule, subject to lawful retention requirements. |
| AI marking | Where enabled, AI marking applies only to written responses to predefined Learnable questions and rubrics. OpenAI provides a proposed result, and teachers can review and override it. Details are in the Privacy Policy and Student AI Marking Notice. |
1. About these Terms
1.1 These Platform Licence Terms, the applicable Order Form, the Acceptable Use Policy and User Terms, and any schedules expressly incorporated into them form the Contract between Learnable Education Pty Ltd and the customer.
1.2 A School Licence is formed when Learnable and the school or organisation accept an Order Form. An Individual Licence is formed when an eligible accredited teacher accepts these Terms online.
1.3 These Terms are made available free of charge before purchase or use. The customer must make the Acceptable Use Policy and User Terms and the Privacy Policy reasonably available to authorised users before or at first access.
1.4 The Acceptable Use Policy and User Terms govern how End Users may use Learnable. They do not impose a fee or paid subscription obligation on a Student End User.
1.5 If a government purchasing agreement applies, that agreement prevails to the extent of any inconsistency, as described in Schedule 3.
2. Eligibility and authorised users
2.1 Learnable is designed for students enrolled in Years 7 to 12 and for teachers and authorised school staff supporting those students.
2.2 A Student Account may be created only by, or with the authority of, the relevant school or an authorised teacher.
2.3 A Student End User who is under 18 may use Learnable through a school or authorised teacher. Where AI marking is enabled, the customer must also obtain and maintain any parent or guardian consent required by applicable law, school policy or Learnable’s AI provider before the feature is used by that student.
2.4 A school may create a Student Account using the student’s name or a unique school-issued identifier. Learnable does not require a student’s legal name, provided the school can distinguish the account from other authorised accounts.
2.5 An Individual Licence is available only to an accredited teacher who has the authority of their school before creating Student Accounts. Learnable may request reasonable evidence of that authority.
2.6 The customer must promptly deactivate access when an End User leaves the school, is no longer eligible or no longer requires access.
3. Licence grant and permitted use
3.1 Subject to payment of the applicable fees and compliance with the Contract, Learnable grants the customer a non-exclusive, non-transferable licence during the applicable trial, pilot or licence period to access and use the Learnable Platform for the customer’s internal educational purposes.
3.2 The customer may permit authorised Teacher Accounts and Student Accounts up to the limits in the applicable licence plan or Order Form.
3.3 Reasonable classroom display, printing and use of materials made available for those purposes are permitted.
3.4 Except where law prohibits the restriction, the customer and End Users must not:
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resell, rent, sublicense or commercially distribute the Learnable Platform or Learnable Content;
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provide an unauthorised third party with access;
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remove proprietary notices;
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copy or extract a substantial part of the platform or content using automated means;
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reverse engineer, decompile or attempt to obtain source code; or
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use the service unlawfully or in a way that compromises security, privacy or another person’s rights.
3.5 The customer must ensure End Users receive and comply with the Acceptable Use Policy and User Terms.
4. Trials, licence periods, fees and renewal
4.1 The commercial details of each licence are set out in Schedule 1 or Schedule 2 and, for a School Licence, the applicable Order Form.
4.2 An Individual Licence begins with a 14-day free trial. Unless cancelled before the end of the trial, it converts to a paid monthly licence. Learnable will notify the customer at least three days before the first charge and explain how to cancel.
4.3 An Individual Licence may be cancelled at any time, with cancellation taking effect at the end of the current monthly billing period.
4.4 A School Pilot does not automatically convert to a paid licence. No fee is payable unless the parties enter an Order Form for a paid School Licence.
4.5 A School Licence does not automatically renew. Any further licence period requires written agreement or an authorised Order Form.
4.6 Fees are invoiced and paid as stated in the applicable schedule or Order Form. Fees are exclusive of GST unless stated otherwise.
4.7 Additional Student Accounts requested during a licence period are charged as stated in the Order Form or in pricing accepted by the customer before the increase is applied.
5. Workspaces, accounts and user management
5.1 Each customer receives the number of Workspaces and account limits stated in the applicable licence plan or Order Form.
5.2 Each individual counts as one Student Account or Teacher Account regardless of the number of classes in which they participate.
5.3 An account is not permanently tied to a particular individual. The customer may deactivate an account and provision a replacement within the applicable account limit.
5.4 The customer is responsible for selecting authorised users, assigning appropriate permissions and ensuring account details are kept secure.
5.5 Users must use only their own account, keep sign-in details confidential and promptly report suspected unauthorised access.
5.6 Learnable may require reasonable verification that a proposed Teacher End User is employed or authorised by the relevant school.
6. Customer responsibilities
6.1 If the customer uses a school-issued identifier, it is responsible for maintaining any record needed to link the identifier to the relevant student and for ensuring End Users receive appropriate guidance and supervision.
6.2 The customer is responsible for devices, internet access and its own systems and network configuration.
6.3 The customer must provide accurate information reasonably required to create and administer the licence.
6.4 The customer is responsible for providing notices and obtaining and keeping evidence of any permission or consent required by applicable law, school policy, a government agreement or Learnable’s AI provider. Before a minor uses AI marking, the customer must make the Student AI Marking Notice available and notify Learnable if required consent is withdrawn. Learnable may request confirmation that these requirements have been met.
6.5 The customer must instruct students not to include unnecessary personal or sensitive information in written responses.
6.6 Teachers remain responsible for professional and educational decisions, including formal assessment, reporting, student intervention and progression. An AI-generated mark is a proposed rubric-based result and does not replace teacher professional judgement. The customer is responsible for responding to any safety notification under its child-safety, wellbeing and incident procedures.
6.7 The customer must notify Learnable promptly of a suspected privacy, security, child-safety, AI-marking or intellectual-property concern connected with the service.
7. Customer Data and intellectual property
7.1 As between the parties, the customer or relevant End User retains ownership of Customer Data and any intellectual property rights in it, including student answers, submitted work and teacher-authored materials.
7.2 The customer grants Learnable a non-exclusive, royalty-free licence during the Contract Term to host, store, copy, process, transmit and display Customer Data only to the extent reasonably necessary to provide, secure and support the Learnable Platform and perform the Contract.
7.3 Learnable may permit disclosed subprocessors to process Customer Data for those purposes. Learnable remains responsible for their compliance with Learnable’s contractual data obligations.
7.4 Learnable may create aggregated and irreversibly de-identified information for internal analytics, quality assurance and platform improvement. Learnable will not attempt to re-identify that information.
7.5 Learnable will not sell Customer Data, use Student Data for advertising, build advertising profiles of students or disclose identifiable Customer Data to another customer for that customer’s purposes.
7.6 Learnable and its licensors retain ownership of the Learnable Platform, Learnable Content, software, branding and related intellectual property. No ownership transfers to the customer.
7.7 If a third party claims that authorised use of the Learnable Platform infringes its intellectual property rights, the customer must promptly notify Learnable and allow Learnable reasonable control of the response. Learnable may obtain continued rights, replace or modify the affected material, or terminate the affected service and provide any refund required by the Contract or law.
8. Privacy, security, subprocessors and AI marking
8.1 Learnable handles personal information in accordance with its Privacy Policy, applicable privacy law and any agreed school or government data requirements.
8.2 Learnable collects and processes only information reasonably required to provide, administer, secure and support the service, record authorised learning activity and comply with law.
8.3 Where enabled for the customer, the AI Marking Feature applies only to written responses submitted to predefined Learnable questions with predefined rubrics or marking criteria.
8.4 For AI marking, Learnable submits to OpenAI the predefined question, the student’s response after applying the safeguards described in the Privacy Policy, the predefined rubric or marking criteria, and the instructions needed to apply it. Learnable does not intentionally include the student’s name, email address, school, class, Workspace or Learnable account identifier.
8.5 The AI Marking Feature is not conversational. It produces a proposed rubric-based result. Students may provide thumbs-up or thumbs-down feedback, and Teacher End Users may review and override any AI-generated mark. A teacher-adjusted mark is authoritative within Learnable.
8.6 Learnable does not use AI marking alone to make decisions about progression, placement, subject selection, discipline or access to educational opportunities. Learnable does not opt student responses into provider model training. Further information about filtering, safety screening, overseas processing and provider retention is in the Privacy Policy, Student AI Marking Notice and Subprocessor Register.
8.7 Learnable implements and maintains reasonable technical and organisational measures designed to protect Customer Data against unauthorised access, disclosure, loss, misuse and alteration. Learnable’s primary production data and backups are stored in Australia. Limited overseas processing may occur through providers listed in the public Subprocessor Register at https://subprocessors.learnable.education/. Learnable updates the register when material provider arrangements change and notifies customers where required by the Contract or applicable law.
8.8 If Learnable becomes aware of a confirmed or reasonably suspected data breach affecting Customer Data, it will notify the affected customer as soon as reasonably practicable. The initial notice will include information reasonably available at that time. Learnable will provide further information as its investigation progresses, preserve relevant evidence, take reasonable containment and remediation measures, and cooperate with the customer’s assessment and notification obligations. If an applicable government agreement requires a shorter specified period, that period applies.
9. Service operation, support and changes
9.1 Learnable will use reasonable endeavours to keep the platform available and in good operational order, subject to maintenance, internet and provider dependencies, and events beyond its reasonable control.
9.2 Learnable will give reasonable notice of planned maintenance likely to materially affect normal school use, where practicable.
9.3 Support is provided to teachers and authorised school staff through the contact methods published by Learnable. Students should normally seek support through their teacher or school.
9.4 Learnable may improve or change the platform. If a change materially reduces core functionality purchased under a current School Licence, Learnable will provide reasonable notice and, where practicable, an equivalent function or other reasonable remedy. Learnable may make an immediate change where reasonably required by law, security or service continuity.
9.5 No online service can be guaranteed to be completely uninterrupted or secure. This acknowledgement does not limit Learnable’s express security, service or statutory obligations.
10. Suspension and account closure
10.1 Learnable may suspend an affected account or function where reasonably necessary to address an urgent security risk, unlawful or harmful use, a material breach, a binding legal requirement or undisputed non-payment after the required notice.
10.2 Where practicable, Learnable will limit suspension to the affected account or function, explain the reason and provide a reasonable opportunity to remedy the issue.
10.3 Before permanently closing an account or terminating the Contract because of a remediable breach, Learnable will, where reasonably practicable, give the customer prior written notice of the reason and a reasonable opportunity to address the issue.
10.4 Prior notice is not required where immediate action is required by law, requested by the customer, or reasonably necessary to address an urgent security or safety risk, prevent serious misuse or protect another person. Learnable will notify the customer as soon as reasonably practicable afterwards.
10.5 Learnable will not suspend access solely because an invoice is subject to a genuine dispute being managed in good faith.
11. Expiry, termination, data export and deletion
11.1 Either party may terminate for an irremediable material breach or a material breach not remedied within 30 days after written notice.
11.2 Individual Licence cancellation and School Licence expiry operate as described in clause 4 and the applicable schedule.
11.3 The customer may export available Customer Data during the Contract Term using available platform functionality or another agreed method.
11.4 Following expiry or termination, Customer Data will remain available for export for a reasonable period, normally 30 days, unless a different period is stated in the Order Form or required by an applicable government agreement. The customer should complete any required export within that period.
11.5 After the export period, Learnable will delete or irreversibly de-identify Customer Data from active systems in accordance with its documented data-retention schedule. Residual copies held in backups will remain protected from ordinary use and will be deleted or overwritten through Learnable’s normal backup-retention cycle. These obligations are subject to legal holds, government records directions and other lawful retention requirements.
11.6 Learnable will continue to protect information it is lawfully required to retain and will confirm completion of deletion in writing on request.
11.7 Expiry or termination does not affect accrued payment obligations, confidentiality, intellectual-property rights, liability provisions or other terms intended to survive.
12. Confidentiality and publicity
12.1 Each party must protect the other party’s confidential information, use it only for the Contract and disclose it only to people who need it and are subject to appropriate confidentiality obligations, or as required by law.
12.2 Confidentiality does not apply to information that is public without breach, independently developed or lawfully received without restriction.
12.3 Learnable will not identify a school as a customer or use its name, logo or testimonial without prior written permission.
12.4 Government and public-sector customers may disclose contract information as required by law, audit, accountability or procurement obligations.
13. Warranties, liability and Australian Consumer Law
13.1 Each party must exercise reasonable care in performing its obligations.
13.2 Learnable does not warrant that the platform will be uninterrupted or error-free, but this does not exclude any express service, security or statutory obligation.
13.3 To the extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue or loss of goodwill.
13.4 To the extent permitted by law, each party’s aggregate liability arising from the Contract in a Contract Year is limited to the fees paid or payable for that Contract Year. This cap does not apply to fraud, wilful misconduct, breach of confidentiality, use of intellectual property outside the permitted scope, death or personal injury, or liability that cannot lawfully be limited.
13.5 Liability is reduced to the extent the other party caused or contributed to the loss, and each party must take reasonable steps to mitigate loss.
13.6 Nothing in the Contract excludes, restricts or modifies the Australian Consumer Law or any right that cannot lawfully be excluded. Where permitted, Learnable may remedy a failure by re-supplying the service or paying the reasonable cost of re-supply.
14. Changes to these Terms
14.1 Learnable may update these Terms when the service, law or commercial arrangements change. The current version and date will be published.
14.2 Learnable will notify affected customers when it makes a material change to these Terms or the Privacy Policy.
14.3 Before Learnable begins a materially new use of Student Data through the AI Marking Feature, it will update the relevant notices and obtain any agreement or consent required by law or the Contract.
14.4 Changes to core purchased functionality are managed in accordance with clause 9.4.
15. General
15.1 The parties are independent contractors. Nothing creates a partnership, agency, employment relationship or joint venture.
15.2 Neither party may assign the Contract without the other’s prior written consent, not to be unreasonably withheld, except as permitted by an applicable government agreement or as part of a corporate restructure or sale where the assignee can perform the obligations.
15.3 The parties will attempt to resolve disputes through good-faith discussions before commencing proceedings, except for urgent interlocutory relief.
15.4 The Contract is governed by the laws of New South Wales, Australia, unless an applicable government agreement states otherwise.
15.5 Notices must be in writing. Learnable’s notice details are legal@learnable.education and Level 12, 64 York Street, Sydney NSW 2000, Australia. A notice by email is taken to be received on the next Business Day if no delivery failure is received.
15.6 If a provision is unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue.
15.7 A waiver must be in writing. Delay in exercising a right is not a waiver.
Schedule 1 - Individual Licence
| Item | Details |
|---|---|
| Eligibility | One accredited teacher who has the relevant school’s authority before creating Student Accounts. |
| Free trial | 14 days. Converts to a paid monthly licence unless cancelled before the trial ends. Reminder at least three days before the first charge. |
| Workspace | One Workspace. |
| Teacher Accounts | One. |
| Student Accounts | Up to 10. |
| Classes and Collections | No limit, subject to available plan functionality. |
| Licence fee | $60 per month, exclusive of GST, payable monthly in advance. |
| Cancellation | At any time, effective at the end of the current monthly billing period. |
Schedule 2 - School Licence
| Item | Details |
|---|---|
| Customer and participating schools | As identified in the Order Form. |
| Pilot | Up to 90 days if agreed. It does not automatically convert to a paid licence. |
| Licence period | As stated in the Order Form, normally 12 months. |
| Student Account limit | As stated in the Order Form. |
| Teacher Accounts | As stated in the Order Form; normally no additional fee for authorised teachers. |
| Workspaces, classes and Collections | As stated in the Order Form. |
| Licence fee and payment | As stated in the Order Form. |
| Renewal | No automatic renewal. A further period requires written agreement or an authorised Order Form. |
Schedule 3 - NSW public-school purchases
Where the customer is the State of New South Wales acting through the NSW Department of Education, the applicable Department panel, marketplace, ICT purchasing agreement, Order or purchase order is the primary contract.
These Terms apply only to the extent incorporated into that government contract. If there is an inconsistency, the government contract and its order-of-precedence provisions prevail.
A principal, teacher, student or school employee does not create a separate contract merely by accessing the platform or acknowledging an on-screen notice.
An Individual Licence must not be used for NSW public-school students outside an approved Department purchasing and authorisation process.
Government information access, records, audit, incident, insurance, liability, indemnity and termination requirements in the applicable government contract prevail.
Definitions
| Term | Meaning |
|---|---|
| Acceptable Use Policy and User Terms | Learnable’s separately published rules for teachers, school staff and students using the Learnable Platform. |
| Business Day | A day other than Saturday, Sunday or a public holiday in Sydney, New South Wales. |
| Collection | A set of curriculum content made available through the Learnable Platform. |
| Contract | These Terms, the applicable Order Form, incorporated schedules and the Acceptable Use Policy and User Terms. |
| Contract Term | The applicable trial, pilot and licence periods until expiry or termination. |
| Customer Data | Information, student work and materials entered into or created through authorised use, excluding the Learnable Platform and Learnable Content. |
| End User | An authorised teacher, school staff member or student. |
| Individual Licence | The self-service licence described in Schedule 1. |
| Learnable Content | Learnable’s curriculum content, questions, lessons, rubrics, documents and related materials. |
| Learnable Platform | The online platform at app.learnable.education or a replacement notified by Learnable. |
| Order Form | A signed or otherwise authorised document recording a School Licence’s commercial details. |
| School Licence | The school or organisation licence described in Schedule 2. |
| Student Account | An account authorised for a Year 7 to Year 12 student. |
| Student Data | Customer Data relating to a Student End User. |
| Subprocessor | A third party engaged by Learnable to process Customer Data on Learnable’s instructions. |
| Teacher Account | An account authorised for a teacher or school staff member. |
| Workspace | The customer environment in which accounts, classes and content access are configured. |
| AI Marking Feature | Learnable’s closed feature that uses OpenAI to suggest a rubric-based result for a written response to a predefined Learnable question. |
| Student AI Marking Notice | Learnable’s student-facing notice explaining how AI marking works, what information is processed, its limitations and how to seek teacher review. |