Terms of Service

1. Acceptance of Terms

By accessing or using PosiTrack (“the App”), operated by K.S. Innovations (ABN 69 890 596 069) (“we”, “us”, “our”), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use the App. These terms apply to all users including teachers, school administrators, and any other individuals who access the service on behalf of a subscribing school.

2. Description of Service

PosiTrack is a positive behaviour tracking application designed for use in Australian educational settings. It allows teachers to record positive student behaviour, view class and school-wide insights, and support behaviour frameworks such as PBIS and PBL. The App is currently available to schools in Australia only.

3. Accounts and Access

Access to PosiTrack is granted to schools via a unique school access code. Teachers and administrators create individual accounts using this access code. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

The school administrator is responsible for managing staff access, including issuing access codes and removing access when a staff member leaves the school. You must notify us immediately of any suspected unauthorised use of your account at hello@positrack.app.

4. Subscription and Payment

PosiTrack is offered on an annual subscription basis, priced per school. Each subscription covers a single school for a 12-month period. The following terms apply:

• Free trial: New schools are entitled to a 30-day free trial. No payment is required during the trial period. At the end of the trial, continued access requires a paid subscription.
• Annual billing: Subscriptions are billed annually in advance for a single school. Payment is due at the start of each subscription period.
• Renewal: Subscriptions do not renew automatically. At the end of each annual period, you will be contacted with the option to renew. Access will continue until the end of the paid period and will not be charged again without your explicit agreement.
• Cancellation: You may cancel your subscription at any time by contacting us. Access continues until the end of the current paid period. We do not provide pro-rata refunds for unused portions of a subscription period, except where required by Australian Consumer Law.
• Price changes: We will provide at least 30 days' written notice of any price changes prior to your renewal date. Continued use of the App after a price change takes effect constitutes acceptance of the new pricing.

5. Australian Consumer Law

Nothing in these Terms of Service limits, excludes, or modifies any rights or guarantees you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded. Where our liability cannot be excluded, it is limited to the fullest extent permitted by law.

6. Acceptable Use

You agree to use PosiTrack only for lawful purposes and in accordance with these terms. You must not:

• Use the App in any way that violates applicable Australian laws or regulations
• Enter or store student information beyond what is necessary for positive behaviour tracking
• Share your school access code with individuals outside your school
• Attempt to gain unauthorised access to any part of the App or its infrastructure
• Use the App to transmit harmful, offensive, or inappropriate content
• Reverse engineer, copy, or distribute any part of the App without our written permission

7. Student Data and Privacy

Schools and teachers are responsible for ensuring their use of PosiTrack — including the student information entered into the App — complies with the Privacy Act 1988 (Cth), the Australian Privacy Principles, any applicable state education department guidelines, and their institution's own privacy policies.

We handle all personal information in accordance with our Privacy Policy, which forms part of these Terms of Service.

8. Intellectual Property

All content, branding, design, and technology within PosiTrack is the property of K.S. Innovations and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the App for its intended purpose during your subscription period. You may not reproduce, distribute, or create derivative works without our express written permission.

9. Limitation of Liability

To the fullest extent permitted by law, K.S. Innovations is not liable for any indirect, incidental, special, or consequential damages arising from your use of the App, including loss of data, loss of revenue, or business interruption. Our total liability to you in connection with the App will not exceed the amount paid by your school in the 12 months preceding the claim.

10. Service Availability

We aim to provide reliable, uninterrupted access to PosiTrack but do not guarantee that the App will always be available or error-free. We reserve the right to perform maintenance, updates, or modifications to the App at any time, and will make reasonable efforts to minimise disruption.

11. Termination

We reserve the right to suspend or terminate access to PosiTrack if a user or school is found to be in breach of these terms, without prior notice. Upon termination, your right to use the App ceases immediately. Data associated with a terminated account may be retained for a limited period before being deleted, as described in our Privacy Policy.

12. Changes to Terms

We reserve the right to update these Terms of Service at any time. We will provide at least 14 days' notice of material changes via email or in-App notification. Continued use of the App after the effective date of changes constitutes acceptance of the revised terms.

13. Governing Law and Disputes

These Terms of Service are governed by the laws of South Australia, Australia. Any disputes arising in connection with these terms or the App will be subject to the exclusive jurisdiction of the courts of South Australia. We encourage resolution of any disputes through direct communication before formal proceedings are initiated — please contact us at hello@positrack.app.

14. Severability

If any provision of these Terms of Service is found to be invalid, unlawful, or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect.

15. Contact

For any questions about these Terms of Service, please contact us at hello@positrack.app.