Terms of Service

1. Who these Terms are between

These Terms of Service ("these Terms") are between:

• the Customer ("you"), the organisation that creates and operates a workspace on RTEO, together with every person who accesses RTEO under that workspace; and
• ROCKHAWK PTY LTD (ABN 17 673 537 123) trading as RTEO ("we", "us"), the provider of the RTEO platform.

Where an individual creates a workspace on behalf of an organisation, that individual confirms they are authorised to accept these Terms for that organisation, and "the Customer" means the organisation.

2. Acceptance of these Terms

By creating a workspace, accessing RTEO, or continuing to use RTEO, you accept these Terms. If you do not accept them, do not use the service.

There is no separate signature or acceptance step. Use of the service is the acceptance. This includes use by any person you invite into your workspace: it is your responsibility to make sure the people you invite are aware of these Terms, and their use of the workspace binds you.

Where these Terms change and the change has taken effect under clause 4, continued use of RTEO after that date is acceptance of the changed Terms.

3. The Data Processing Agreement

RTEO's Data Processing Agreement ("the DPA") forms part of, and is incorporated into, these Terms. The DPA governs how RTEO processes personal information on your behalf, including where that processing happens and which AI models may receive it.

Accepting these Terms is accepting the DPA. Where these Terms and the DPA address the same subject and cannot be read together, the DPA prevails to the extent it concerns the processing of personal information.

You choose an AI processing mode for each workspace under clause 5 of the DPA. That choice is yours to make and yours to change, and it is a material part of what you are agreeing to here.

4. Changes to these Terms

RTEO may change these Terms.

4.1 Material changes. A material change, for example a change to the fees, to the scope of the licence in clause 5, to the limitation of liability in clause 12, or to how we may use your content, will be notified to you at least 28 days before it takes effect. Notice will be given by email to your workspace's registered contact, or in the application itself, or both.

4.2 Your right not to accept. If you do not accept a material change, you may stop using RTEO and terminate under clause 13 before the change takes effect. That is your remedy: we will not hold you to a changed agreement you did not want, but nor will we keep operating the old one for you alongside the new one.

4.3 Non-material changes. A non-material change, such as a correction, a clarification, or a change that does not reduce your rights or increase your obligations, will be versioned but takes effect without advance notice.

4.4 Versioning. Every version of these Terms carries a version number and an effective date at the top of this document. The version published at this address is the version in force.

5. The service and your licence to use it

RTEO is a hosted software platform. For as long as these Terms are in force and any applicable fees are paid, RTEO grants you a non-exclusive, non-transferable, revocable right to access and use the platform for your own business purposes, through the workspaces you create.

RTEO owns the platform, including its software, interfaces, and documentation, and all intellectual property in them. Nothing in these Terms transfers any of that to you. You may not copy, resell, sublicense, reverse-engineer, or create a competing service from the platform, or permit anyone else to.

RTEO may change how the platform works, including adding, altering, or removing features. Where a change removes a feature you materially rely on, clause 4.1 applies to it as a material change.

6. Your workspace and the people in it

You are responsible for your workspace: who you invite into it, what permissions you give them, what they do with it, and the security of their credentials. Access under your workspace is treated as access by you.

You must:

• keep account credentials confidential and not share a single account between multiple people;
• remove access promptly for anyone who should no longer have it; and
• tell us promptly if you believe an account or workspace has been accessed without authorisation.

Each person who accesses RTEO must be old enough to form a binding contract and must not be someone RTEO has previously removed from the service.

7. Acceptable use

You must not use RTEO to:

• break the law, or help anyone else break it;
• upload or process content you have no right to upload or process;
• upload malicious code, or attempt to gain unauthorised access to RTEO, to another customer's workspace, or to any system RTEO connects to;
• interfere with the operation of the platform, including by placing an unreasonable load on it, circumventing rate limits or usage limits, or scraping it in bulk;
• send communications, including email and SMS, to people who have not consented to receive them where consent is required, or in breach of the Spam Act 2003 (Cth) or any other law that applies to you;
• misrepresent AI-generated output as something it is not, where doing so would mislead a student, an enquirer, a regulator, or the public; or
• use the platform to build or train a competing product.

Where you connect a third-party system to your workspace, such as a student management system or your own website, your use of that system remains subject to your own agreement with its provider, and you must not use RTEO to do anything through it that your agreement with that provider prohibits.

RTEO may suspend a workspace, or an individual's access, where we reasonably believe this clause has been breached and the breach presents a risk to the platform, to another customer, or to a person. Where we suspend, we will tell you why and, where the breach can be fixed, what would resolve it.

8. Your content, and what RTEO does with it

8.1 You own your content. Everything you upload to RTEO belongs to you as between you and RTEO, and so does everything RTEO generates for you from it: contacts, enrolments, course content, website content, blog drafts, and reports. RTEO claims no ownership of any of it.

8.2 What RTEO may do with it. You grant RTEO the right to host, store, copy, transmit, display, and process your content only so far as is necessary to provide the platform to you, to support you, and to secure and maintain the service. The DPA governs this where the content is personal information.

8.3 What RTEO will not do with it. RTEO does not sell your content. RTEO does not use your private-class content, as the DPA defines it, to train its own models or any third party's models.

8.4 AI-generated output. RTEO uses AI models to generate content and recommendations. AI output can be wrong, incomplete, or out of date, and two runs over the same input can differ. Output is a draft for you to review, not a verified statement of fact and not professional advice. You remain responsible for anything you publish, send, or rely on. Where you are a Registered Training Organisation, nothing RTEO generates relieves you of your own compliance obligations, and RTEO does not warrant that any output satisfies them.

8.5 Your responsibility for what you submit. You warrant that you have the right to submit the content you submit, and that submitting it to RTEO and having RTEO process it as described in the DPA does not breach any law or any agreement you have with anyone else.

9. Fees

Where you are on a paid plan, you agree to pay the fees for that plan. The fees, the billing period, and what each plan includes are those published or quoted to you at the time you subscribe.

Fees are payable in advance for each billing period unless agreed otherwise, and are exclusive of GST and any other applicable taxes, which are payable by you in addition. Payments are processed by our payment provider; RTEO does not store your card details.

A change to the fees for your plan is a material change under clause 4.1.

Where an invoice is not paid, RTEO may suspend the workspace after giving you notice and a reasonable opportunity to pay. Suspension for non-payment does not delete your data; termination under clause 13 does.

Fees already paid for a billing period are not refunded on termination except where clause 13 says otherwise or where the law requires it.

10. Availability and support

RTEO aims to keep the platform available and to resolve problems promptly, and provides support through the channels published in the application.

RTEO does not commit to a specific level of uptime or to a specific support response time under these Terms, and no such commitment should be inferred from this clause. The platform may be unavailable during maintenance, during an incident, or because of a failure in a third-party service RTEO depends on. Where an outage is planned and we expect it to be material, we will give you advance notice where we reasonably can.

If you need a contractual service level, that is a separate written agreement, not this one.

11. Warranties and disclaimers

RTEO provides the platform with due care and skill.

Beyond that, and to the maximum extent the law allows, the platform is provided "as is". RTEO does not warrant that it will be uninterrupted or error-free, that it will meet your particular requirements, that AI output will be accurate, or that any particular result will be achieved, whether commercial, search-ranking, enrolment, or compliance.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where a statutory guarantee applies and RTEO is permitted to limit its liability for failing to meet it, RTEO's liability is limited, at RTEO's option, to resupplying the service or paying the cost of having it resupplied.

12. Limitation of liability

Subject to clause 11, and to the maximum extent the law allows:

• neither party is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss, however caused; and
• RTEO's total liability to you arising out of or in connection with these Terms, in aggregate across all claims, is limited to the fees you paid RTEO in the 12 months immediately before the event giving rise to the liability.

This clause does not limit liability that cannot lawfully be limited, including liability for fraud.

You are responsible for keeping your own records where your own legal or regulatory obligations require you to hold them. RTEO's retention and deletion behaviour is described in Schedule 4 of the DPA, and it is not a substitute for your own record-keeping.

13. Term and termination

These Terms apply from when you first access RTEO and continue until terminated.

13.1 Termination by you. You may terminate at any time by deleting your workspace or by telling us to close your account. Termination takes effect at the end of the current billing period unless we agree otherwise.

13.2 Termination by RTEO. RTEO may terminate these Terms and close a workspace:

• on 28 days' notice to you for any reason; or
• immediately, where you have materially breached these Terms and either the breach cannot be fixed or you have not fixed it within a reasonable period after we asked you to.

13.3 What happens to your data. Deleting a workspace deletes the data in it. That deletion is immediate and is described in Schedule 4 of the DPA. Export your data before you terminate: RTEO does not undertake to retrieve it for you afterwards, and backups age out on their own schedule.

13.4 What survives. Clauses 8.1, 8.5, 11, 12, 14, and this clause survive termination, together with any accrued right or obligation, and any provision that by its nature is intended to survive.

14. Governing law

These Terms are governed by the laws of New South Wales, Australia, and any dispute under them is subject to the non-exclusive jurisdiction of the courts of New South Wales.

15. General

15.1 Entire agreement. These Terms, together with the DPA and any plan terms you have separately agreed, are the entire agreement between you and RTEO about the platform, and replace any earlier understanding about it.

15.2 Assignment. You may not assign these Terms without RTEO's consent, which will not be unreasonably withheld. RTEO may assign them to a successor to its business.

15.3 Severability. If part of these Terms is unenforceable, that part is severed and the rest continues to apply.

15.4 No waiver. A failure to enforce a provision is not a waiver of it.

15.5 Notices. RTEO gives notice to you by email to your workspace's registered contact or in the application. You give notice to RTEO through the support channels published in the application.