Terms of Service

These Terms of Service (the “Terms”) govern access to and use of Lantern, the Report Writer for Australian schools provided by [PLACEHOLDER: exact legal entity name, e.g. Ember Education Pty Ltd] (“Ember Education”, “we”, “us” or “our”), ABN [PLACEHOLDER: 11-digit ABN], ACN [PLACEHOLDER: 9-digit ACN].

Lantern drafts school report comments in each teacher’s own voice, checks them against the school’s reporting rules, and keeps the teacher as the author and approver of every comment. These Terms apply between Ember Education and the school, education authority or other organisation that subscribes to Lantern (the “Customer”), and to the individual staff members the Customer authorises to use it (each a “User”).

1. Acceptance of these Terms

By accessing or using Lantern, or by entering into an order, subscription or written agreement that incorporates these Terms, the Customer and each User agree to be bound by them. If you are agreeing on behalf of a school or organisation, you confirm that you have authority to bind that organisation. If you do not agree, you must not use Lantern.

Where the Customer and Ember Education have signed a separate written agreement, an order form, or a data processing agreement, those documents and these Terms are intended to be read together. If there is an inconsistency, the signed agreement prevails to the extent of the inconsistency.

2. The service

Lantern is a web-based tool that assists teachers in preparing student report comments. It generates draft comments in the teacher’s style, checks drafts against the reporting rules and guidelines configured by the school, and supports refinement and export. All Customer data is hosted onshore in Australia (primary region AWS Sydney, disaster-recovery region Melbourne), and the AI models that power drafting run on Australian-region infrastructure.

We may improve, change or add to Lantern’s features over time. We will not materially reduce the core functionality of a paid subscription during its term without notice. Lantern has no student accounts; it is used by school-authorised staff only.

3. Accounts and eligibility

Lantern is intended for use by schools and their authorised teaching and administrative staff. Accounts may only be created and used by staff whom the Customer has authorised. Lantern is not directed to, and is not to be used by, students; there are no student accounts.

Each User is responsible for keeping their login credentials confidential and for all activity that occurs under their account. You must notify us promptly if you suspect any unauthorised access. The Customer is responsible for managing which of its staff have access and for promptly removing access when a staff member leaves or changes role.

4. Acceptable use

All use of Lantern must comply with our Acceptable Use Policy. Among other things, you must not use Lantern to break the law, infringe another person’s rights, attempt to gain unauthorised access to our systems, or interfere with the service’s operation or security. We may suspend access where use poses a risk to the service, to other customers, or to the security of student or staff data.

5. Customer data and privacy

As between the Customer and Ember Education, the Customer owns all data it or its Users input into Lantern and all report comments produced using it (“Customer Data”), including any personal information about students and staff. Ember Education processes Customer Data only as a processor on the Customer’s behalf, to provide and support the service, in accordance with these Terms and our Data Processing Agreement.

Student data is never used to train AI models. Our handling of personal information is governed by the Australian Privacy Principles and described in our Privacy Policy. Lantern maintains an immutable audit trail of relevant actions to support the Customer’s own record-keeping and oversight obligations.

6. Human in the loop — the teacher remains the author

Lantern assists; it does not replace professional judgement. Every comment generated by Lantern is a draft that the responsible teacher must read, edit as needed, and approve before it is used in a student report. The teacher remains the author and approver of the comment.

Because Lantern uses generative AI, its drafts and compliance checks may contain errors, omissions or inaccuracies, and must not be relied on without review. The Customer and its Users are responsible for the accuracy, appropriateness and fairness of the final reports they issue, and for ensuring those reports comply with applicable curriculum, assessment and reporting requirements.

7. Intellectual property

Ember Education and its licensors own all intellectual property rights in Lantern, including its software, models, prompts, designs and documentation. We grant the Customer and its Users a non-exclusive, non-transferable right to access and use Lantern for the Customer’s internal educational purposes during the subscription term, subject to these Terms.

The Customer retains ownership of Customer Data and of the report comments it finalises. The Customer grants Ember Education the limited rights to host, process and transmit Customer Data as necessary to provide the service. We may use aggregated, fully de-identified information about how Lantern is used to operate and improve the service, in a form that does not identify the Customer, any student, or any staff member.

8. Fees and billing

Fees, the billing cycle and payment terms are set out in the Customer’s order form or subscription agreement. [PLACEHOLDER: pricing, billing frequency and payment terms — not finalised]. Unless that agreement states otherwise, fees are stated in Australian dollars and are exclusive of GST, which will be added where applicable.

We may change our fees for a future subscription term by giving reasonable prior notice. Changes do not affect the fees agreed for a term already underway unless the Customer agrees.

9. Warranties and consumer guarantees

We will provide Lantern with due care and skill. Except as expressly stated in these Terms, and to the maximum extent permitted by law, Lantern is provided on an “as is” and “as available” basis, and we do not make any other warranties, whether express or implied.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law, where doing so would be unlawful. Where the Australian Consumer Law applies and a guarantee cannot lawfully be excluded, our liability for failing to comply with that guarantee is limited, to the extent permitted, to (at our option) re-supplying the service or paying the cost of having it re-supplied.

10. Limitation of liability

Subject to the consumer guarantees described above and to any liability that cannot be excluded by law, neither party is liable to the other for any indirect, special or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings, arising out of or in connection with these Terms or the use of Lantern.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms is limited to [PLACEHOLDER: liability cap — e.g. the fees paid by the Customer in the 12 months before the claim]. This clause does not limit liability that cannot be limited by law, including under the Australian Consumer Law.

11. Term, termination, and data on exit

These Terms apply for as long as the Customer has a Lantern subscription or otherwise uses the service. Either party may terminate as set out in the Customer’s subscription agreement, and we may suspend or terminate access for a material breach that is not remedied after notice.

On expiry or termination, the Customer may, within a reasonable period, request export of its Customer Data in a commonly used, machine-readable format. After that period, we will delete or return Customer Data in accordance with our Data Processing Agreement and our retention obligations, except where we are required by law to retain it.

12. Governing law

These Terms are governed by the laws of [PLACEHOLDER: State or Territory — likely the State of Ember Education’s registered office], Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and of the Commonwealth of Australia.

13. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the service or to legal requirements. Where a change is material, we will take reasonable steps to notify the Customer in advance. Continued use of Lantern after a change takes effect means the updated Terms apply. We will keep the “Last reviewed” date above current.

14. Contact

Questions about these Terms can be sent to hello@embereducation.com.au. Privacy-related enquiries can be directed to privacy@embereducation.com.au.

Ember Education, [PLACEHOLDER: registered business address].