Terms of Use

1. Who these terms cover

Ziado (ziado.com and app.ziado.com) is operated by Congero Pty Ltd (Australia). By creating an account or using the service you agree to these terms. Accounts may be created only by adults (parents/guardians, or authorised school staff) on behalf of children in their care. Where we have entered into a separate written agreement with a school or organisation, that agreement prevails over these terms to the extent of any inconsistency.

2. Acceptable use

Use Ziado for its intended purpose: children's learning. Don't attempt to break, probe or misuse the service, share accounts inappropriately, or use it in a way that could harm children or other users.

3. Subscriptions and billing

• Paid plans are billed via Stripe inside the app. Ziado does not store card details.
• Free trials convert to a paid subscription unless cancelled before the trial ends.
• Subscriptions renew automatically until cancelled. You can cancel anytime from your account; access continues to the end of the billing period.
• If there is a problem with the service, you may have a right to a refund under the Australian Consumer Law. Where that applies, we will honour it. Outside those cases, contact us and we will consider refund requests individually.

4. Intellectual property

Ziado, Numi, the Space Map and all learning content are owned by Congero Pty Ltd. Ziado and Numi are trademarks of Congero Pty Ltd. You get a personal, non-transferable licence to use the service; you don't acquire ownership of any content.

5. No guarantee of outcomes

Ziado provides adaptive learning practice. We don't guarantee specific educational outcomes, test scores or grades, and Ziado does not replace teachers or diagnose learning difficulties.

6. Limitation of liability

Certain rights under the Australian Consumer Law cannot be excluded. These terms operate subject to those rights and do not limit them. Everything below applies to the maximum extent the law permits.

Nothing in this section limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for wilful misconduct.

6.1 Applies to everyone

• Ziado is provided on an "as is" and "as available" basis. We give no warranties beyond those the law imposes. In particular, we do not warrant that the service will be available, uninterrupted, secure or error-free, that content will suit any particular child, or that any educational result will follow from using it.
• We are not liable for any indirect, incidental, special, punitive or consequential loss, or for any loss of profits, revenue, savings, data, goodwill, opportunity or reputation, whether or not we were advised such loss was possible.
• We are not liable for loss arising from anything outside our reasonable control, including your device, internet connection, third-party platforms or payment providers, or your failure to keep account credentials secure.
• Our liability is reduced to the extent that you, or anyone you are responsible for, caused or contributed to the loss.
• Our pricing reflects the allocation of risk set out in this section, and both parties have entered into these terms on that basis.

6.2 Personal accounts (parents and guardians)

Subject to your non-excludable rights under the Australian Consumer Law, our total aggregate liability to you arising out of or in connection with these terms or your use of Ziado, however arising (including in contract, tort, negligence, statute or otherwise), is limited to the amount you actually paid us in the 12 months immediately before the event giving rise to the liability. The existence of more than one claim does not increase this limit.

6.3 School and organisation accounts

Where we have a separate written agreement with a school, education provider or other organisation, that agreement prevails over these terms to the extent of any inconsistency. Where there is no such agreement, this clause applies in place of clause 6.2, and the organisation agrees that:

• Our total aggregate liability arising out of or in connection with these terms, however arising (including in contract, tort, negligence, statute or otherwise), is limited to the fees paid to us under the relevant subscription in the 12 months immediately before the event giving rise to the liability. The existence of more than one claim does not increase this limit.
• Where the law permits us to limit our liability for failing to comply with a consumer guarantee, that liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.
• The organisation is responsible for obtaining any consents required to enrol students, for the accuracy of student information it provides, and for its staff's use of the service.
• The organisation indemnifies us against claims arising from its breach of these terms or its misuse of the service.

This section survives termination of your account.

7. Termination and discontinuing the service

7.1 Your account

You may close your account at any time. We may suspend or terminate accounts that breach these terms.

7.2 Changing or withdrawing Ziado

We may update, improve and change Ziado at any time, including by adding, modifying or removing features. Where we permanently withdraw the service, or a feature that is material to how you use it, we will:

• give account holders at least 30 days' notice by email;
• turn off automatic renewal and stop charging you from the date of that notice;
• refund the unused portion of any subscription you have already paid for, calculated pro-rata to the date access ends; and
• make an export of your child's learning records available to download, and keep your account open for at least 30 days after the notice so you can retrieve it.

For school and organisation accounts, we will give notice no later than the end of the then-current subscription period, so that a withdrawal does not take effect part-way through a school year.

This clause does not affect your rights under the Australian Consumer Law.

8. Governing law

These terms are governed by the laws of Victoria, Australia, and disputes are subject to the courts of Victoria.

9. Changes to these terms

If we make material changes we'll notify account holders by email and update the date above. Continued use after changes take effect means you accept the updated terms.

Questions? Contact us.