End User Licence Agreement

Last updated: 12 August 2026

1. Introduction

1.1 About these Terms

These End User Terms govern your access to and use of the Products and Services provided by a member of the Storypark Group.

The Products and Services may include Storypark-branded products, Xap-branded products and any other applications, platforms, features or services made available by the Storypark Group from time to time.

1.2 Who these Terms apply to

These Terms apply to you if you access or use any Products and Services as an End User, including as:

(a) an Administrator;

(b) an Educator;

(c) a Primary Account Holder;

(d) an Authorised Viewer;

(e) a parent, guardian, family member or specialist;

(f) an employee, contractor or representative of a Customer; or

(g) any other person authorised to access or use the Products and Services.

1.3 Acceptance

By creating a User Account, accepting an invitation to access the Products and Services, clicking to accept these Terms or otherwise accessing or using the Products and Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Products and Services.

1.4 Relationship with the Customer

Your right to access the Products and Services may arise through a Customer that has entered into an agreement with a member of the Storypark Group.

The Customer is responsible for determining who is authorised to access its Customer Account and, subject to these Terms and applicable law, the level of access granted to each End User.

Your access may be changed, restricted or withdrawn by the Customer or Storypark Group in accordance with these Terms and the agreement between Storypark Group and the Customer.

1.5 Other applicable terms

Your access to and use of the Products and Services is also subject to:

(a) the Privacy Policy;

(b) where you use AI functionality, the AI Terms;

(c) any product-specific terms, notices, policies or guidelines notified to you; and

(d) any lawful policies or instructions issued by the relevant Customer.

If there is any inconsistency between these Terms and product-specific terms applying to a particular Product or Service, the product-specific terms will prevail to the extent of the inconsistency.

1.6 Changes to these Terms

Storypark Group may update these Terms from time to time.

Where a change is not material, it may take effect when the updated Terms are published or otherwise notified to you.

Where a change is material, Storypark Group will provide reasonable prior notice unless the change is required sooner:

(a) by law or a regulator;

(b) to address a security, privacy or technical risk;

(c) because of a change made by a third-party service provider; or

(d) to prevent misuse of, or harm arising from, the Products and Services.

Your continued use of the Products and Services after an updated version of these Terms takes effect constitutes your acceptance of the updated Terms.

If you do not agree to an update, you must stop using the affected Products and Services.

2. Interpretation

2.1 Defined terms

Capitalised terms used in these Terms have the meanings given in clause 21 or elsewhere in these Terms.

2.2 References

Unless the context requires otherwise:

(a) the singular includes the plural and vice versa;

(b) a reference to a person includes an individual, company, partnership, trust, association, government body or other legal entity;

(c) including, for example and similar expressions do not limit the words preceding them;

(d) a reference to a document includes that document as amended, updated or replaced from time to time;

(e) a reference to applicable law includes any regulations, codes, standards, orders or legally binding requirements made under that law; and

(f) headings are included for convenience and do not affect interpretation.

3. Access to the Products and Services

3.1 Right to access and use

Subject to your compliance with these Terms, Storypark Group grants you a personal, limited, non-exclusive, non-transferable and revocable right to access and use the Products and Services solely for your Authorised Purpose.

This right begins when your User Account is created or you are otherwise granted access and continues until your access is suspended or terminated by:

(a) you;

(b) the Customer;

(c) a Primary Account Holder, where applicable; or

(d) Storypark Group.

3.2 Authorisation

You may only access and use the Products and Services if you have been properly authorised by:

(a) the Customer through whose Customer Account you access the Products and Services;

(b) a Primary Account Holder, where access relates to a Family Child Record; or

(c) Storypark Group.

You must not access any Customer Account, Child Record, Content, feature or function beyond the permissions granted to you.

3.3 Access determined by the Customer

The Customer may determine:

(a) which End Users may access its Customer Account;

(b) the Products and Services, Child Records and Content available to each End User;

(c) the access permissions and user roles allocated to each End User; and

(d) whether an End User’s access should be changed or withdrawn.

If you have questions or concerns about access granted through a Customer Account, you should first contact the relevant Customer.

3.4 Access granted by a Primary Account Holder

A Primary Account Holder may authorise an Authorised Viewer to access specified Child Content or a Family Child Record.

An Authorised Viewer may only access and use that Content for the purpose and within the scope authorised by the Primary Account Holder.

A Primary Account Holder may withdraw or change that access at any time.

3.5 Product availability

The Products and Services available to you will depend on:

(a) the Products and Services purchased or enabled by the Customer;

(b) your assigned user role and permissions;

(c) the device, operating system, browser or location from which you access the Products and Services; and

(d) any product-specific eligibility or technical requirements.

Storypark Group is not required to make every Product, Service, feature or function available to every End User.

3.6 Minors

You must be at least 18 years old to create and independently manage a User Account unless:

(a) access by a person under 18 is permitted as part of the relevant Product or Service; and

(b) that person has the permission and supervision of their parent, legal guardian or other person authorised by law.

A person who permits a minor to access or use the Products and Services is responsible for supervising that use and for any Content submitted through the minor’s User Account, to the extent permitted by law.

3.7 Technical support

If you experience technical difficulties when accessing or using the Products and Services, you may contact Storypark Group using the applicable support channel made available through the Application, Website or Customer.

4. User Accounts

4.1 Account creation

You may be required to create or activate a User Account before accessing some Products and Services.

You must provide accurate, complete and current information when creating or using a User Account.

4.2 Individual accounts

Unless expressly permitted by Storypark Group:

(a) each User Account must be used only by the individual to whom it is assigned;

(b) you must not share your login credentials with another person;

(c) you must not allow another person to access the Products and Services through your User Account; and

(d) you must not access or attempt to access another person’s User Account.

4.3 Account security

You must:

(a) keep your password, authentication information and login credentials confidential and secure;

(b) use reasonable security practices when accessing the Products and Services;

(c) comply with any multi-factor authentication or other security requirements notified to you;

(d) take reasonable steps to prevent unauthorised access to your User Account; and

(e) log out of your User Account when using a shared or publicly accessible device.

4.4 Security incidents

You must notify Storypark Group or the relevant Customer without undue delay if you become aware of or reasonably suspect:

(a) unauthorised access to or use of your User Account;

(b) loss, theft or disclosure of your login credentials;

(c) unauthorised access to any Customer Data, Child Record or Content;

(d) a vulnerability affecting the Products and Services; or

(e) any other actual or suspected security or privacy incident connected with your use of the Products and Services.

You must provide reasonable assistance and information requested by Storypark Group in responding to the incident.

4.5 Responsibility for account activity

To the extent permitted by law, you are responsible for activity undertaken through your User Account where that activity results from:

(a) your act or omission;

(b) your failure to comply with these Terms; or

(c) your failure to take reasonable steps to protect your User Account.

You will not be responsible for unauthorised activity caused solely by a failure of Storypark Group’s systems or security controls.

4.6 Updating account information

You must keep the information associated with your User Account accurate and up to date.

Where your User Account is managed through a Customer, you may need to ask the Customer to update certain information or permissions on your behalf.

4.7 Account communications

Storypark Group may send service-related notices and communications to the email address, mobile number or other contact details associated with your User Account.

You are responsible for ensuring those details remain current.

5. General Conditions of Use

5.1 Your responsibilities

When accessing or using the Products and Services, you must:

(a) use them only for your Authorised Purpose;

(b) comply with these Terms and applicable law;

(c) comply with reasonable security requirements, policies and instructions notified by Storypark Group or the Customer;

(d) respect the privacy, confidentiality and rights of Children and other individuals;

(e) ensure that any information or Content you submit is accurate to the extent reasonably practicable;

(f) obtain any permissions or consents required before submitting or sharing Content;

(g) use reasonable care when communicating with other End Users; and

(h) promptly notify the relevant Customer or Storypark Group if information associated with your User Account is incorrect or requires updating.

5.2 Responsibility for Content

Before uploading, submitting, sharing or otherwise making Content available through the Products and Services, you must ensure that:

(a) you are authorised to do so;

(b) the Content does not infringe another person’s Intellectual Property Rights, privacy, confidentiality or other rights;

(c) any required consent has been obtained from the relevant person or an individual legally authorised to provide that consent;

(d) the Content is not unlawful, defamatory, misleading, threatening, discriminatory, obscene or otherwise inappropriate; and

(e) the Content does not contain malicious code, viruses or other harmful material.

5.3 Children’s information

You must exercise particular care when accessing, uploading, using or sharing information about a Child.

You must not access, use or disclose Child Content except:

(a) for your Authorised Purpose;

(b) with the required permission or authority; and

(c) in accordance with these Terms, applicable law and any policies of the Customer.

5.4 Customer policies

Where you access the Products and Services through a Customer, you must comply with the Customer’s applicable policies and instructions, provided they are not inconsistent with these Terms or applicable law.

Storypark Group is not responsible for determining or enforcing the Customer’s internal policies, employment requirements or professional standards.

6. Acceptable Use

6.1 Prohibited conduct

You must not, and must not permit any other person to:

(a) access or use the Products and Services for any unlawful, fraudulent, misleading, abusive or inappropriate purpose;

(b) access or attempt to access any Customer Account, Child Record, Customer Data, Content or functionality that you are not authorised to access;

(c) impersonate another person or misrepresent your identity, authority or relationship with a Customer;

(d) upload, post, transmit or otherwise make available any Content that:

(i) infringes another person’s Intellectual Property Rights, privacy, confidentiality or other legal rights;

(ii) is defamatory, abusive, discriminatory, offensive, threatening or otherwise unlawful;

(iii) contains malicious code, malware, ransomware, viruses or other harmful material; or

(iv) is otherwise inappropriate having regard to the nature of the Products and Services;

(e) interfere with, disrupt or compromise the security, integrity, availability or performance of the Products and Services;

(f) attempt to test, probe or circumvent the security of the Products and Services without Storypark Group’s prior written consent;

(g) use automated tools, bots, scripts or similar technologies, or otherwise use the Products and Services in a manner that imposes an unreasonable or excessive load on the Products and Services or Storypark Group’s systems, except as expressly authorised by Storypark Group;

(h) use the Products and Services in a manner likely to damage the reputation, goodwill or integrity of Storypark Group, the Customer or other End Users;

(i) use the Products and Services to develop or support a competing product or service; or

(j) encourage, assist or facilitate another person to do any of the above.

6.2 Reverse engineering

Except to the extent permitted by applicable law that cannot lawfully be excluded, you must not:

(a) copy, modify, translate, adapt or create derivative works from the Products and Services;

(b) reverse engineer, decompile or disassemble any software comprised in the Products and Services;

(c) attempt to discover the source code, object code, algorithms, architecture or underlying structure of the Products and Services; or

(d) remove, obscure or alter any proprietary notices or security measures.

6.3 Compliance with Customer requirements

Where you access the Products and Services through a Customer, you must comply with any reasonable directions issued by that Customer regarding your authorised use of the Products and Services.

7. Primary Account Holders

7.1 Becoming a Primary Account Holder

You may become a Primary Account Holder by:

(a) accepting an invitation from a Customer;

(b) accepting an invitation from another Primary Account Holder;

(c) creating a Family Child Record where permitted by the Products and Services; or

(d) otherwise being recognised by Storypark Group as the authorised administrator of a Family Child Record.

7.2 Rights of Primary Account Holders

Subject to these Terms and applicable law, a Primary Account Holder may:

(a) administer the relevant Family Child Record;

(b) invite or remove Authorised Viewers;

(c) manage permissions relating to the Family Child Record;

(d) request deletion of a Family Child Record; and

(e) undertake any other activities permitted through the Products and Services.

Nothing in this clause limits the Customer’s rights in relation to Organisation Child Records.

7.3 Relationship with the Customer

Where a Family Child Record is connected to a Customer:

(a) you acknowledge that authorised Administrators and Educators acting on behalf of the Customer may access and use information contained in Organisation Child Records;

(b) you acknowledge that access within the Customer organisation may not be limited to a single Educator;

(c) you may choose whether to connect or merge a Family Child Record with a Customer where that option is available; and

(d) Organisation Child Records remain under the control of the relevant Customer.

7.4 Consent

You must ensure that any consent required under applicable privacy laws has been obtained before:

(a) creating a Family Child Record;

(b) uploading Personal Information;

(c) uploading photographs, videos or other Content relating to a Child; or

(d) authorising another person to access that information.

If consent is withdrawn, or you become aware that consent was not validly obtained, you must promptly notify Storypark Group or the relevant Customer and take reasonable steps to remove the affected information where appropriate.

7.5 Requests regarding Child Records

Where permitted by applicable law and the functionality of the Products and Services, you may request deletion of a Family Child Record.

You acknowledge that:

(a) Organisation Child Records may need to be retained by the Customer for legal, regulatory or operational purposes;

(b) Storypark Group may retain information where required by law or permitted under the Privacy Policy; and

(c) deletion of a Family Child Record does not necessarily require deletion of the corresponding Organisation Child Record.

8. Educators

8.1 Responsibilities

If you access the Products and Services as an Educator, you must:

(a) act within the authority granted by the Customer;

(b) comply with applicable professional obligations and Customer policies;

(c) ensure that information you upload is accurate to the best of your knowledge;

(d) respect the privacy and dignity of Children and families; and

(e) only access Child Records required for your Authorised Purpose.

8.2 Uploading Content

Before uploading Content relating to a Child, you must ensure that:

(a) the Customer has obtained any required consent;

(b) the Content does not unnecessarily identify another Child or individual;

(c) the Content is appropriate for inclusion within the relevant Child Record; and

(d) you are authorised to upload the Content.

8.3 Educator portfolios

Subject to Customer policies and applicable law, Educators may retain copies of de-identified material for the purpose of maintaining professional portfolios or documenting professional development, provided that:

(a) no Child or other individual can reasonably be identified; and

(b) the use otherwise complies with these Terms.

9. Administrators

9.1 Administrative responsibilities

Administrators act on behalf of the Customer in managing the Customer’s use of the Products and Services.

Administrators are responsible for exercising their permissions appropriately and in accordance with the Customer’s instructions.

9.2 Administrator functions

Depending on the Products and Services subscribed to by the Customer, Administrators may be able to:

(a) create, modify or deactivate User Accounts;

(b) assign user roles and permissions;

(c) manage Organisation Child Records;

(d) configure organisational settings;

(e) administer templates, forms and workflows;

(f) generate reports and analytics;

(g) manage integrations; and

(h) perform other administrative functions made available through the Products and Services.

9.3 Customer responsibility

Administrators acknowledge that they act on behalf of the Customer.

Storypark Group is entitled to rely upon instructions given by an Administrator within the scope of that Administrator’s permissions.

10. Authorised Viewers

Authorised Viewers may access only the Child Records and Content made available to them by the relevant Primary Account Holder or Customer.

Authorised Viewers must not:

(a) share access with another person;

(b) download, reproduce or distribute Content except as permitted by these Terms;

(c) use Content for any commercial purpose;

(d) attempt to gain additional access rights; or

(e) otherwise use the Products and Services other than for their Authorised Purpose.

11. Child Records and Customer Data

11.1 Purpose of Child Records

The Products and Services enable Customers, End Users and Primary Account Holders to create, access, manage and share Child Records in accordance with these Terms and the permissions granted through the relevant Customer Account.

Child Records may include:

(a) Organisation Child Records;

(b) Family Child Records;

(c) photographs, videos and other audiovisual material;

(d) observations, assessments and learning documentation;

(e) health, attendance and wellbeing information;

(f) communications between End Users; and

(g) other information relating to a Child.

11.2 Organisation Child Records

Organisation Child Records are created, maintained and controlled by the relevant Customer.

Subject to applicable law, the Customer determines:

(a) who may access Organisation Child Records;

(b) how Organisation Child Records are managed;

(c) how long Organisation Child Records are retained; and

(d) when Organisation Child Records may be deleted.

Storypark Group processes Organisation Child Records on behalf of the Customer in accordance with the applicable Customer Terms, Privacy Policy and these Terms.

11.3 Family Child Records

Family Child Records are administered by the relevant Primary Account Holder.

Subject to these Terms, the Primary Account Holder may:

(a) invite Authorised Viewers;

(b) manage permissions;

(c) update Family Child Records;

(d) request deletion of Family Child Records; and

(e) otherwise administer Family Child Records through the functionality made available within the Products and Services.

11.4 Customer responsibility

Storypark Group does not determine:

(a) which Child Records should exist;

(b) who should have access to Child Records;

(c) whether information uploaded by End Users is accurate; or

(d) whether a Customer is legally entitled to collect, retain or disclose particular information.

Those matters remain the responsibility of the relevant Customer and End Users.

12. User Content

12.1 Ownership

Except as expressly provided in these Terms, Storypark Group does not claim ownership of User Content.

Ownership of User Content remains with the relevant End User, Customer or other person who owns that content.

12.2 Licence to Storypark Group

By uploading or otherwise making User Content available through the Products and Services, you grant Storypark Group a worldwide, non-exclusive, royalty-free licence to:

(a) host;

(b) reproduce;

(c) store;

(d) process;

(e) transmit;

(f) display;

(g) back up;

(h) adapt where technically necessary; and

(i) otherwise use the User Content,

to the extent reasonably necessary to:

(i) provide, operate, secure, support and improve the Products and Services;

(ii) develop new Products and Services;

(iii) comply with applicable law;

(iv) comply with these Terms;

(v) exercise Storypark Group’s legal rights; and

(vi) otherwise as described in the Privacy Policy.

This licence continues only for so long as reasonably necessary for those purposes.

12.3 Responsibility for User Content

You remain solely responsible for User Content submitted through your User Account.

Storypark Group is not responsible for verifying the accuracy, completeness or legality of User Content.

12.4 Removal of User Content

Storypark Group may remove, restrict access to or disable User Content where it reasonably believes:

(a) the User Content breaches these Terms;

(b) the User Content infringes another person’s rights;

(c) removal is required by law;

(d) removal is necessary to protect Children, End Users or the Products and Services; or

(e) the Customer instructs Storypark Group to do so in accordance with its agreement with Storypark Group.

Where reasonably practicable, Storypark Group will notify the relevant End User before or shortly after removing User Content.

13. Intellectual Property

13.1 Storypark Group Intellectual Property

The Products and Services, including all software, technology, interfaces, workflows, documentation, designs, graphics, logos, trade marks, databases, reports and other materials provided by Storypark Group, remain the exclusive property of Storypark Group or its licensors.

Except for the limited right to access and use the Products and Services granted under these Terms, no Intellectual Property Rights are transferred to you.

13.2 Feedback

If you provide suggestions, recommendations, ideas or feedback relating to the Products and Services, Storypark Group may use that feedback without restriction or obligation to you. You agree that Storypark Group owns the Intellectual Property Rights to your feedback.

13.3 Open-source and third-party materials

Some Products and Services may incorporate:

(a) open-source software;

(b) Creative Commons materials; or

(c) third-party components.

Your use of those materials may also be subject to the applicable third-party licence terms.

Nothing in these Terms limits any rights granted to you under those third-party licences.

14. Artificial Intelligence

14.1 AI functionality

Certain Products and Services include artificial intelligence or machine learning functionality.

Your use of AI functionality is also governed by the AI Terms.

14.2 AI-generated content

AI-generated content is generated automatically using probabilistic models.

Accordingly:

(a) outputs may be inaccurate, incomplete or unsuitable for your intended purpose;

(b) outputs should not be treated as professional advice;

(c) you are responsible for reviewing AI-generated content before relying upon, sharing or publishing it; and

(d) Storypark Group does not guarantee the accuracy, completeness or suitability of AI-generated content.

14.3 Responsible use

You must not use AI functionality:

(a) in breach of these Terms;

(b) to generate unlawful, harmful or inappropriate content;

(c) to intentionally mislead another person;

(d) to infringe another person’s Intellectual Property Rights; or

(e) in any manner prohibited by the AI Terms.

14.4 AI improvements

Subject to the Privacy Policy and AI Terms, Storypark Group may use de-identified, anonymised and aggregated information to develop, improve, test and maintain AI functionality and the Products and Services.

Storypark Group will not use Personal Information for AI training except as described in the AI Terms or otherwise with appropriate authority.

15. Privacy

15.1 Privacy Policy

Storypark Group collects, uses, stores and discloses Personal Information in accordance with the Privacy Policy.

By accessing or using the Products and Services, you acknowledge that you have read the Privacy Policy.

15.2 Security

You acknowledge that maintaining the security of Personal Information is a shared responsibility.

Storypark Group is responsible for protecting the security of the Products and Services.

You are responsible for:

(a) maintaining the security of your User Account;

(b) protecting your authentication credentials;

(c) using the Products and Services securely; and

(d) promptly reporting suspected security incidents.

15.3 Privacy obligations

Where you upload or access Personal Information through the Products and Services, you must comply with:

(a) applicable privacy laws;

(b) these Terms;

(c) the Privacy Policy; and

(d) any applicable Customer policies.

15.4 Security incidents

If you become aware of any actual or suspected unauthorised access to Personal Information or Customer Data, you must notify Storypark Group or the relevant Customer without undue delay.

16. Suspension and Termination

16.1 Suspension

Storypark Group may immediately suspend or restrict your access to all or part of the Products and Services where it reasonably believes that:

(a) you have breached these Terms;

(b) your access is no longer authorised by the relevant Customer or Primary Account Holder;

(c) your User Account has been compromised or is being used in an unauthorised manner;

(d) suspension is reasonably necessary to protect the security, integrity or availability of the Products and Services;

(e) suspension is required to investigate suspected unlawful activity or a security incident;

(f) suspension is required by law, a regulator or a court of competent jurisdiction; or

(g) continued access may expose Storypark Group, a Customer or another End User to material legal, regulatory or security risk.

Where reasonably practicable, Storypark Group will notify you before suspending your access. If prior notice is not reasonably practicable, Storypark Group will notify you as soon as reasonably possible afterwards.

16.2 Temporary suspension

Storypark Group may suspend access to the Products and Services, in whole or in part, where reasonably necessary to:

(a) perform maintenance, upgrades or repairs;

(b) improve or modify the Products and Services;

(c) respond to security vulnerabilities;

(d) protect the stability or performance of the Products and Services; or

(e) maintain compatibility with third-party systems.

Storypark Group will use reasonable efforts to minimise disruption.

16.3 Termination of access

Your right to access the Products and Services automatically ends if:

(a) your User Account is deactivated;

(b) the Customer removes your access;

(c) the relevant Primary Account Holder withdraws your authority (where applicable);

(d) the Customer’s agreement with Storypark Group ends, unless Storypark Group determines otherwise; or

(e) Storypark Group terminates your access under these Terms.

16.4 Effect of termination

Upon termination or expiry of your access:

(a) you must immediately cease accessing and using the affected Products and Services;

(b) your right to access Customer Data, Child Records and User Content may cease immediately;

(c) Storypark Group may deactivate your User Account; and

(d) clauses intended to survive termination continue to apply, including those relating to intellectual property, confidentiality, privacy, liability and dispute resolution.

17. Warranties and Disclaimers

17.1 Availability

Storypark Group will use reasonable care and skill in providing the Products and Services.

However, the Products and Services are provided using internet-based technology and may be unavailable from time to time due to maintenance, third-party services or circumstances beyond Storypark Group’s reasonable control.

17.2 No professional advice

Information, reports, analytics, AI outputs and other materials made available through the Products and Services are provided for general information only.

They are not intended to constitute legal, educational, financial, medical or other professional advice.

17.3 Third-party content

The Products and Services may include links to, or integrate with, third-party products, services or content.

Storypark Group is not responsible for third-party products or services and does not warrant their availability, functionality or accuracy.

18. Liability

18.1 Consumer rights

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under applicable law.

18.2 Limitation of liability

To the maximum extent permitted by law, Storypark Group will not be liable for:

(a) loss of profits;

(b) loss of revenue;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill;

(f) indirect loss;

(g) consequential loss; or

(h) punitive or exemplary damages,

arising from or in connection with your access to or use of the Products and Services.

18.3 Maximum liability

Subject to clause 18.1, Storypark Group’s aggregate liability arising out of or in connection with these Terms or the Products and Services is limited to the maximum extent permitted by law.

Where liability cannot lawfully be excluded, Storypark Group’s liability is limited to the remedies available under applicable law.

19. Force Majeure

Neither party is liable for delay or failure to perform obligations under these Terms to the extent caused by circumstances beyond that party’s reasonable control, including:

(a) natural disasters;

(b) war;

(c) terrorism;

(d) civil unrest;

(e) epidemic or pandemic;

(f) failures of telecommunications or internet infrastructure;

(g) cyber attacks;

(h) failures of utilities; or

(i) government action.

The affected party must use reasonable efforts to minimise the effects of the event.

20. General

20.1 Notices

Storypark Group may provide notices under these Terms by:

(a) email;

(b) in-product notifications;

(c) publication on the Website; or

(d) any other reasonable electronic means.

20.2 Assignment

You may not assign or transfer your rights under these Terms without Storypark Group’s prior written consent.

Storypark Group may assign or transfer its rights or obligations to another member of the Storypark Group or in connection with a merger, acquisition, corporate restructure or sale of business.

20.3 Entire agreement

These Terms, together with the Privacy Policy, AI Terms and any applicable product-specific terms, constitute the entire agreement between you and Storypark Group regarding your use of the Products and Services.

20.4 Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions continue in full force and effect.

20.5 Waiver

A failure or delay by Storypark Group to exercise a right under these Terms does not operate as a waiver of that right.

20.6 Governing law

These Terms are governed by the laws specified in the applicable Customer Terms or, where there is no Customer, the laws of the jurisdiction in which the relevant Storypark Group entity providing the Products and Services is incorporated.

The parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

21. Definitions

In these Terms:

Administrator means an End User authorised by a Customer to administer all or part of a Customer Account, including managing End User access, permissions, settings, Organisation Child Records and other administrative functions available through the Products and Services.

AI Terms means the Storypark Group AI Terms governing access to and use of AI functionality made available through the Products and Services, as amended from time to time.

Application means any website, mobile application, software, platform, portal or other digital interface through which the Products and Services are made available.

Authorised Purpose means the purpose for which an End User is authorised by the relevant Customer, Primary Account Holder or Storypark Group to access and use the Products and Services.

Authorised Viewer means an End User authorised by a Primary Account Holder or Customer to access specified Child Records or User Content.

Child means an individual under 18 years of age.

Child Record means an Organisation Child Record or a Family Child Record.

Content means Customer Data, User Content, Child Records and any other information, materials, text, images, videos, audio, documents, messages, observations, reports or other content made available through or stored within the Products and Services.

Customer means the organisation, business, educational institution, childcare provider or other entity that has entered into an agreement with Storypark Group for the provision of Products and Services.

Customer Account means the account established by Storypark Group for a Customer through which the Customer accesses and administers the Products and Services.

Customer Data means all data, information, Personal Information, Child Records and User Content uploaded to, stored within or otherwise processed through the Products and Services on behalf of a Customer, excluding Storypark Group Data.

Customer Organisation means any organisation, centre, campus, service, location or business unit owned, operated by or affiliated with a Customer.

Educator means an End User authorised by a Customer to access or use the Products and Services in connection with educating, supporting or caring for Children.

End User means any individual authorised to access or use the Products and Services, including Administrators, Educators, Primary Account Holders, Authorised Viewers and other authorised users.

Family Child Record means a Child Record administered by a Primary Account Holder containing information relating to a Child and managed separately from an Organisation Child Record.

Intellectual Property Rights means all present and future intellectual property rights anywhere in the world, whether registered or unregistered, including copyright, trade marks, patents, designs, confidential information, know-how and any similar rights.

Organisation Child Record means a Child Record created, maintained or controlled by a Customer for educational, childcare, operational, regulatory or administrative purposes.

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in a material form or not, and includes any equivalent concept of personal data or personally identifiable information under applicable privacy laws.

Primary Account Holder means a parent, guardian or other individual authorised to administer and manage a Family Child Record.

Privacy Policy means the Storypark Group Privacy Policy, as amended from time to time.

Products and Services means all products, software, applications, platforms, websites, modules, features, functionality and services made available by Storypark Group from time to time, including Storypark-branded products, Xap-branded products, AI functionality and any future products or services.

Storypark Group means the member of the Storypark group of companies that provides the relevant Products and Services to the Customer or End User, including Storypark Limited, Xap Technologies Pty Ltd and each of their related bodies corporate, as the context requires.

Storypark Group Data means data generated by Storypark Group relating to the operation, performance, security, analytics or use of the Products and Services, including de-identified, anonymised and aggregated data, but excluding Customer Data in identifiable form.

Terms means these End User Terms, together with the Privacy Policy, AI Terms and any product-specific terms incorporated by reference.

User Account means the account through which an End User accesses and uses the Products and Services.

User Content means any Content uploaded, submitted, created, stored or shared by an End User through the Products and Services, including text, images, videos, audio, observations, messages and documents.

Website means any website operated by or on behalf of Storypark Group in connection with the Products and Services.