Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Attainly platform (the “Service”) provided by [Legal entity name] (ABN [ABN]) (“Attainly”, “we”, “us”). By creating an account or using the Service, the Registered Training Organisation (“RTO”, “you”) agrees to these Terms.

The Service

Attainly helps RTOs recognise prior learning (RPL Mapper), build course content (Course Builder), and maintain training materials when Training Packages change (Gap Updater). The Service uses artificial intelligence to produce recommendations and drafts. These are a decision-support tool only. A qualified assessor is responsible for all assessment decisions and the RTO is responsible for compliance with the Standards for RTOs and its VET obligations.

Accounts, roles, and your responsibilities

• You are responsible for the accuracy of the information you enter and for keeping account credentials secure.
• You must ensure assessment decisions are made by assessors who hold TAE40122 (or equivalent) and current industry competency.
• You must obtain any consents required to collect and process student personal information through the Service, and comply with the Privacy Act 1988 (Cth) as the entity responsible for your students’ data.
• You are responsible for the acts and omissions of users you invite to your organisation.

Acceptable use

You agree not to:

• Use the Service unlawfully, or to store or transmit unlawful, infringing, or harmful content.
• Attempt to access another organisation’s data, or circumvent the Service’s security or tenant isolation.
• Rely on AI-generated recommendations or content as a substitute for a qualified assessor’s judgement or a trainer’s review.
• Resell or provide the Service to third parties except as expressly permitted.

AI recommendations and TGA data

Recommendations, mappings, drafted course content, and change analyses are generated with AI and may contain errors or omissions. They must be reviewed by a qualified person before use. Qualification data is sourced from training.gov.au and cached; RPL cases snapshot that data at creation so later changes do not alter an in-progress assessment. We do not warrant that AI outputs are complete, current, or fit for a particular purpose.

Subscription and billing

• Paid plans are billed through our payment processor on a recurring basis until cancelled. Usage limits apply per plan tier.
• Fees are exclusive of GST unless stated. You authorise recurring charges to your nominated payment method.
• You can cancel at any time; cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable except where required by law, including the Australian Consumer Law.

Intellectual property and your content

We own the Service and all associated intellectual property. You retain ownership of the data and materials you upload and of the documents generated for your cases. You grant us a limited licence to host and process your content solely to provide the Service.

Data protection

Our handling of personal information is described in our Privacy Policy. As between the parties, you are responsible for your students’ personal information and for meeting your obligations under the Privacy Act 1988 (Cth).

Availability and warranties

We aim to keep the Service available but do not warrant that it will be uninterrupted or error-free. Except for guarantees that cannot be excluded under the Australian Consumer Law, the Service is provided “as is”.

Limitation of liability

To the extent permitted by law, neither party is liable for indirect or consequential loss. Our total liability arising out of or in connection with the Service is limited to the fees you paid in the 12 months before the event giving rise to the claim. Nothing in these Terms excludes rights you have under the Australian Consumer Law.

Indemnity

You indemnify us against claims arising from your breach of these Terms, your misuse of the Service, or your failure to meet your regulatory or privacy obligations.

Term and termination

Either party may terminate for material breach that is not remedied within a reasonable period. On termination you may export your data for a limited period, after which we may delete it, subject to records we are required to retain by law.

Changes to these Terms

We may update these Terms from time to time and will take reasonable steps to notify you of material changes. Continued use after changes take effect constitutes acceptance.

Governing law

These Terms are governed by the laws of [State/Territory], Australia, and the parties submit to the courts of that jurisdiction.

Contact

[Legal entity name], [registered address], [contact email].