Terms of Service — plain English, no jargon.

1. Who this agreement is with

SparkIQ is operated by VR DIGITAL SOLUTIONS PTY LTD (ABN 78 666 063 127, ACN 666 063 127), an Australian company based in New South Wales, trading as SparkIQ. In these terms, "SparkIQ", "we", "us" and "our" mean that company. "You" means the parent or guardian who sets up the family account.

These terms, together with our Privacy page and any plan details shown to you when you subscribe, are the agreement between you and us.

2. Parents, children and your account

• The parent or guardian is the account holder. A parent or legal guardian aged 18 or older sets up the family account and accepts these terms, for themselves and on behalf of each child who uses SparkIQ under their account. SparkIQ is designed for students in Years 3 to 12.
• You confirm you are allowed to do this. By setting up a family account, you confirm you are 18 or older and are the parent or legal guardian of each child profile you add, or have that parent's or guardian's permission.
• You're responsible for how SparkIQ is used under your account. Please explain these rules to your child in a way that suits their age, and keep an eye on how they use SparkIQ, as you would with any app.
• Keep your parent PIN private. Settings, plans and payments sit behind the parent PIN. Don't share it with your child. If you think someone else knows it, change it.
• Keep child profiles minimal. A child profile needs only a nickname, a year level and a curriculum. Please don't enter a child's full name, address, school or other identifying details anywhere in SparkIQ.

3. Free early access

SparkIQ is currently free while it is in early access. Nothing is charged and no payment details are requested. During early access, features may change more often than they will later, and some features may be limited, for example by daily limits on the AI helper.

If we decide to end free access or start charging, we'll tell families at least 30 days beforehand. You'll never be charged unless a parent chooses to subscribe to a paid plan.

4. Paid plans, trials and billing

Paid plans are not on sale yet. This section sets out how they will work once they open, so you know what to expect.

• Learner plan: A$19.99 a month per child, or A$179 a year per child. If you subscribe for more than one child, the price is multiplied by the number of children.
• Exam Prep (A$299 a year per child, or a 16-week Exam Season Pass for A$149 per child) is planned but not yet on sale. Before it goes on sale, we'll publish exactly how it is billed, including whether it renews.
• Prices include GST. All prices are in Australian dollars and include GST. Stripe emails a receipt for every payment. If you need a tax invoice, ask us and we'll send one.
• Payments are handled by Stripe. We don't see or store your card details. Stripe's own terms apply to how it processes your payment.
• Plans renew automatically. A monthly plan renews every month and an annual plan renews every year, and the card you gave is charged at the start of each new period, until you cancel. The price, billing period and renewal date are shown before you pay. We'll email you a reminder before each annual renewal.
• Free trial. Once paid plans open, each new family can try SparkIQ with full access for 14 days. No payment details are needed and nothing is charged during the trial. When the trial ends, your family moves to the free version of SparkIQ unless a parent chooses to subscribe. If we ever offer a trial that needs payment details, we'll tell you before it starts when the first charge will happen, how much it will be, and how to cancel before then.
• Price changes. We may change our prices. If a change affects your plan, we'll email you at least 30 days before it applies to your next billing period, so you can cancel first if you wish. We won't change the price of a period you've already paid for.
• If a payment fails. Stripe will retry the payment and email you. If it still can't be collected, your family may move to the free version of SparkIQ until payment is made. We don't charge late fees.

5. Cancelling and refunds

• Cancel any time. A parent can cancel from the "Manage subscription" link in the parent area of the app (behind the parent PIN), which opens the Stripe customer portal. No calls, no forms.
• When cancelling takes effect. Cancelling stops future renewals. Your plan keeps working until the end of the period you've already paid for, and then your family moves to the free version of SparkIQ.
• Refunds when something goes wrong. If SparkIQ fails to meet a consumer guarantee, you're entitled to the remedies set out in section 12, which can include a refund. We will also refund any charge made in error, such as a double charge.
• Change of mind. We don't have to give refunds if you simply change your mind, or for the unused part of a period after you cancel, and we don't promise to. If your circumstances are unusual, contact us and we'll look at it. Nothing in this section limits your rights under the Australian Consumer Law.

6. The AI helper

Some SparkIQ features use artificial intelligence to explain ideas, give hints and give feedback. We've built in safety rules and checks, but please keep these points in mind:

• AI can be wrong. AI-generated explanations, answers and feedback can contain mistakes. SparkIQ is a helper, not the final word. Your child's teacher and school remain the authority on schoolwork.
• It isn't professional advice. Nothing in SparkIQ is medical, psychological, legal, financial or careers advice.
• It isn't a crisis or counselling service. If SparkIQ picks up that a child may be upset, it encourages them to talk to a trusted adult and shows the Kids Helpline number (1800 55 1800). SparkIQ does not monitor children in real time. In an emergency, call 000.
• There are limits. The AI helper has daily limits and message length limits, and may be unavailable at times. When it isn't available, SparkIQ's built-in step-by-step tutor still works.

7. No guaranteed outcomes

• SparkIQ provides original, exam-style practice material in the style of tests such as NAPLAN, OC and Selective. It is never real or official past papers.
• SparkIQ is not affiliated with, or endorsed by, NESA, ACARA or any exam authority. Exam formats change; for current official formats and real past papers, please check the relevant exam authority directly.
• SparkIQ does not promise or guarantee any exam result, test score, school placement or learning outcome. It's a learning and practice tool, not a substitute for a teacher, and results depend on many things outside our control.

8. Acceptable use

Please use SparkIQ for what it's for: helping a child learn. Don't, and don't let anyone using your account:

• try to bypass, trick or misuse the safety features, including the content and distress checks, the daily limits and the age-appropriate guardrails, or try to make the AI helper act as a different character or ignore its rules;
• enter anything unlawful, abusive, sexual, hateful or harmful, or anything that identifies a child;
• scrape, copy in bulk, resell or republish SparkIQ's content or practice material, or use it to build or train another product or AI model;
• try to get into another family's account or data, or into our systems;
• interfere with SparkIQ, overload it, or use automated tools to access it;
• use SparkIQ in a way that breaks the law.

9. Content and intellectual property

• What's ours. SparkIQ, including the app, its design, its software, and its lessons, question banks and practice material, belongs to us or the people we license it from.
• Your licence to use it. While your account is active, we give your family a personal, non-transferable licence to use SparkIQ for your own children's learning, not for commercial use. You're welcome to print practice material for your own child; please don't republish or sell it. Tutors and teachers who want to use SparkIQ with students outside their own family should ask us first.
• What's yours. Anything you create in SparkIQ, such as your own exercises in Teacher tools, stays yours. You give us permission to store and process it only as needed to run SparkIQ for you. If you share a pack of your exercises by code, you also let anyone you give the code to copy those exercises for their own family's use, and you confirm the exercises are yours to share and contain no one's personal details. Shared packs are deleted after 90 days.
• Feedback. If you send us suggestions, we can use them to improve SparkIQ without owing you anything. We won't identify you when we do.

10. Availability and changes to SparkIQ

• We'll take reasonable care to keep SparkIQ running and to fix problems as quickly as we reasonably can. We don't promise it will be available at every moment or free of errors. There can be maintenance, outages, or problems with services we rely on.
• We may add, change or remove features as SparkIQ develops. If a change significantly reduces what you're paying for, we'll tell you beforehand, and you can cancel and get a refund of the unused part of any period you've paid for.
• Your child's progress is saved on your device. Clearing your browser data, or losing or resetting the device, can erase it. Use the export option in the parent area to keep a copy.

11. Suspension and ending this agreement

• You can stop at any time. You can stop using SparkIQ whenever you like, and cancel a paid plan as set out in section 5.
• When we may suspend or end access. We may suspend or end access to SparkIQ, or to a feature such as the AI helper, if: you or someone using your account seriously breaks these terms, or breaks them again after we've asked you to stop; we reasonably believe it's needed to protect a child's safety or other users; or the law requires it. Where it's reasonable, we'll tell you first and give you a chance to fix the problem.
• If we stop offering SparkIQ. We may stop offering SparkIQ, or stop offering it to you, by giving at least 30 days' notice. If we do this for a reason that isn't your breach, we'll refund the unused part of any period you've paid for.
• After it ends. Your licence to use SparkIQ ends. Your rights under the Australian Consumer Law, and any section of these terms that by its nature should continue (such as sections 12 to 16), continue. How we handle your data is covered on our Privacy page.

12. Your rights under the Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, or any other law, that cannot lawfully be excluded, restricted or modified. Every limit in these terms applies only to the extent the law allows.

Under the Australian Consumer Law, our services come with guarantees, including that they will be provided with due care and skill, are reasonably fit for any purpose you make known to us, and are supplied within a reasonable time. The Australian Consumer Law requires us to tell you:

If you think SparkIQ hasn't met a consumer guarantee, contact us (see section 15). You can find out more about your rights from the ACCC or NSW Fair Trading.

13. Limits on our liability

This section is limited by section 12. It is not meant to take away any right the law gives you, and it doesn't.

• What we're responsible for. We're responsible for loss or damage you suffer that is a reasonably foreseeable result of us breaking these terms or failing to take reasonable care.
• Indirect loss. To the extent the law allows, we're not responsible for loss that was not reasonably foreseeable, or for indirect or consequential loss, such as a missed exam result, test score, school or scholarship placement, or other lost opportunity. This doesn't limit any compensation you're entitled to under the Australian Consumer Law for reasonably foreseeable loss.
• Our total liability. To the extent the law allows, our total liability to you for all claims connected with SparkIQ is limited to the greater of A$100 and the total fees you paid us in the 12 months before the event that caused the claim.
• What these limits never cover. None of these limits apply to: death or personal injury caused by our negligence; our fraud or deliberate misconduct; or any liability that cannot lawfully be limited, including under the consumer guarantees.
• Things you control. We're not responsible for loss to the extent it's caused by you or someone using your account breaking these terms, or by relying on AI output in a way section 6 asks you not to.

14. Things outside our control

We're not responsible for a delay or failure caused by events outside our reasonable control, such as natural disasters, widespread internet or power outages, failures of the services we rely on, cyber attacks we couldn't reasonably have prevented, or government action. We'll tell you if it affects you and do what we reasonably can to reduce the impact. If the problem stops us providing a paid plan for more than 30 days in a row, you can cancel and get a refund of the unused part of any period you've paid for. This section doesn't limit your rights under the Australian Consumer Law.

15. Complaints and disputes

1. Tell us first. Email us (see section 19) or use the 💬 Feedback tab in the app, with a short description of the problem and what you'd like us to do. We aim to acknowledge complaints within 5 business days and to respond fully within 20 business days. If we need longer, we'll tell you why.
2. If you're not satisfied. You can contact NSW Fair Trading, or the consumer protection agency in your state or territory, which can give information and may help resolve the dispute. General information about consumer rights is available from the ACCC.
3. Your right to go to a tribunal or court. You can also take a claim to the NSW Civil and Administrative Tribunal (NCAT), the tribunal in your state or territory, or a court. We don't require you to go to arbitration, and nothing in these terms stops you from using these options.

16. Governing law

These terms are governed by the laws of New South Wales, Australia. You and we can bring proceedings in the courts and tribunals of New South Wales. If you live in another state or territory, you keep any rights your local laws give you, including to bring a claim in your local tribunal or court.

17. Changes to these terms

• We may update these terms, for example to reflect changes in the law, in SparkIQ, or in how we run it. We'll update the "last updated" date at the top of this page.
• If a change could disadvantage you in a significant way, we'll tell you at least 30 days before it takes effect, by email if we have your email address and by a notice in the app. If you don't accept the change, you can cancel before it takes effect and we'll refund the unused part of any period you've paid for.
• If you keep using SparkIQ after a change takes effect, the updated terms apply.

18. General

• Whole agreement. These terms, our Privacy page and the plan details shown when you subscribe are the whole agreement between you and us about SparkIQ. This doesn't affect your rights under the Australian Consumer Law, including in relation to anything we told you before you signed up.
• If part of these terms doesn't work. If any part of these terms is invalid or unenforceable, it's treated as removed, and the rest of the terms still apply.
• Transfer. You can't transfer your account or these terms to someone else. We may transfer our rights and obligations to another business that takes over SparkIQ, if we tell you and your rights aren't reduced. If you don't want to continue, you can cancel and we'll refund the unused part of any period you've paid for.
• Not enforcing straight away. If we don't enforce a term straight away, we can still enforce it later.
• Notices. We'll contact you by email if we have your address, or by a notice in the app. You can contact us using the details below.

19. Contact

Questions or complaints about these terms? Tap the 💬 Feedback tab inside the app, or email us. We read every message.

SparkIQ is operated by VR DIGITAL SOLUTIONS PTY LTD (ABN 78 666 063 127), New South Wales, Australia.