RTO Assess & Assist — Terms and Conditions
DRAFT — have an Australian lawyer review this document before accepting paying customers. Items in [square brackets] must be completed first.
Last updated: 15 July 2026
These Terms and Conditions ("Terms") are an agreement between [LEGAL ENTITY NAME] (ABN [ABN]) ("we", "us", "the Provider") and the organisation or person creating an account ("you", "the Customer"). By creating an account or using RTO Assess & Assist ("the Service") you agree to these Terms.
1. What the Service is — and what it is not
1.1 The Service is an assessment marking support tool for Australian Registered Training Organisations (RTOs). It analyses student assessment submissions against your marking guides and produces a recommendation, supporting evidence, feedback drafts and an audit trail.
1.2 The Service does not make assessment decisions. Every competency outcome (Competent / Not Yet Competent) must be reviewed and finalised by a qualified human assessor through the Service's review workflow. The Service is designed so that no student outcome can be finalised without a named assessor's recorded decision and written comment.
1.3 You remain solely responsible for your regulatory compliance. The Service is designed to support compliance with the Standards for RTOs 2025, but we are not a regulator, we do not certify compliance, and ASQA does not endorse or approve any software product, including this one. Using the Service does not guarantee any audit outcome, registration outcome or regulatory result.
1.4 You are responsible for ensuring that your use of the Service is consistent with your own policies, your training and assessment strategies, and your obligations under the National Vocational Education and Training Regulator Act 2011 (Cth) and the Standards for RTOs 2025.
2. Accounts
2.1 An account must be created by a person authorised to bind the Customer. The account owner may invite additional assessor users; the account owner is responsible for all activity under its account, including linked assessor accounts.
2.2 You must keep login credentials confidential and notify us promptly of any suspected unauthorised access.
2.3 You must provide accurate account information, including the assessor names recorded against marking runs — these names appear on audit records.
3. Credits, plans and payment
3.1 The Service operates on credits: one credit is consumed for each student assessment marked. New accounts receive trial credits at no charge.
3.2 Credit plans and top-up packs are purchased through our payment processor (Stripe). Prices are displayed on the Billing page in Australian dollars [inclusive/exclusive] of GST.
3.3 Credits are consumed when a marking run starts. Credits are non-transferable between customers. Credit allowances included with a monthly plan expire at the end of that monthly billing cycle and do not roll over; credits purchased as top-up packs do not expire while the account remains open. Except as required by the Australian Consumer Law, credits are non-refundable once consumed; unused credits are refundable only where required by law.
3.4 We may change prices for future purchases at any time. Price changes do not affect credits already purchased.
3.5 Lifetime usage counters shown in the Service are cumulative records of assessments processed and are never reset; they may be used by you as evidence of assessment volume.
4. Acceptable use
4.1 You must only upload student work and marking materials that you have the right and authority to process, including any notice to or consent from students required by your own privacy obligations.
4.2 You must not: - (a) use the Service to finalise student outcomes without human assessor review; - (b) misrepresent the Service's output as a human assessor's judgement; - (c) claim or imply the Service or its output is "ASQA approved"; - (d) attempt to access other customers' data, probe or disrupt the Service, or reverse engineer it except as permitted by law; - (e) upload malicious files or content unrelated to training assessment; - (f) resell or provide access to the Service to third parties without our written agreement.
4.3 We may suspend accounts that breach this section, after notifying you where practicable.
5. Your data
5.1 You own your data. Marking guides, student submissions, marked documents and reports remain your property. You grant us a licence to process them only as needed to provide the Service.
5.2 Personal information handling is described in our Privacy Policy, which forms part of these Terms. In short: student personal information is redacted before any content is sent to a third-party AI provider, and uploaded files are automatically deleted after the retention period (default 180 days), while audit and completion records are preserved.
5.3 You are responsible for maintaining your own copies of assessment evidence to meet your record-keeping obligations under the Standards for RTOs 2025. Finalised documents are stored in your account and can be downloaded at any time from the Reports page (individually or all at once via "Download all"); we recommend you regularly download and back up your own copies.
6. AI processing — disclosure
6.1 The Service uses third-party large language model (AI) providers to analyse answer content. The specific model(s) used for each assessment are recorded on your audit log.
6.2 Before any content is sent to an AI provider, student personal information (names, ID numbers, email addresses, phone numbers) is replaced with anonymous tokens. Only the redacted answer text and your marking benchmarks are sent. Original values never leave the Service.
6.3 AI output can be wrong. That is why the Service requires human review of every outcome, flags anything it could not confidently grade for manual review, and never auto-fails a student (including where AI-generated content is suspected — those results are flags for assessor follow-up, such as a verbal knowledge check, not verdicts).
6.4 Authenticity and knowledge are assessed separately: a submission flagged as possibly AI-written may still receive a "Competent" recommendation if its answers meet the benchmarks. The flag never alters the grade recommendation — it is presented alongside it so the assessor can test authenticity (e.g. by verbal knowledge check) before deciding.
6.5 Marked output documents contain only the current marking. Any comments present in an uploaded file (from earlier markings or previous trainers), and any feedback highlighting applied by an earlier marking, are removed from the marked copy so feedback is never mixed between markings. The file you uploaded is itself never altered.
6.6 Audit records preserve the AI's recommendation and score exactly as made; assessor decisions and overrides are recorded alongside them, never in place of them. Summary statistics shown in the Service are derived from final assessor decisions.
6.7 A document the Service cannot read, or cannot match to one of your marking guides, is not sent to any AI provider. It is stamped "Unread", together with the reason, on the review queue and on the audit log, and must be assessed manually by your assessor. Where individual answers could not be graded (for example an AI provider was unreachable), the reason is recorded per assessment on the audit log.
6.8 An assessor may stop a marking run in progress. A stopped run is recorded as stopped on the audit log, including how many documents had been completed; documents the run did not finish are not marked and receive no recommendation — they may be re-run or assessed manually.
7. Availability and support
7.1 We aim to keep the Service available continuously but do not guarantee uninterrupted operation. We may schedule maintenance windows.
7.2 Support is provided by email at [SUPPORT EMAIL] during Australian business hours.
8. Intellectual property
8.1 We own the Service, its software, design and documentation. These Terms grant you a non-exclusive, non-transferable right to use the Service while your account is in good standing.
8.2 Feedback you give us about the Service may be used by us to improve it without obligation to you.
9. Liability
9.1 Nothing in these Terms excludes rights you have under the Australian Consumer Law or other laws that cannot be excluded. Where our liability can be limited, it is limited (at our option) to re-supplying the Service or refunding the amount you paid in the 3 months before the claim arose.
9.2 To the extent permitted by law, we are not liable for: assessment or competency decisions (which are made by your assessors); regulatory or audit outcomes; loss of data you failed to back up despite the tools provided; or indirect or consequential loss.
9.3 You indemnify us against claims arising from your breach of clause 4 (acceptable use) or your failure to obtain rights or consents required to upload content, except to the extent we caused the loss.
10. Termination
10.1 You may close your account at any time. We may terminate for material breach that is not remedied within 14 days of notice, or immediately for serious misuse under clause 4.
10.2 On closure: your uploaded files are deleted in line with the Privacy Policy; audit records may be retained as described there; unused credits are handled per clause 3.3.
11. Changes to these Terms
11.1 We may update these Terms from time to time. Material changes will be notified to the account owner's email at least 14 days before they take effect. Continued use after that date is acceptance of the change.
12. General
12.1 These Terms are governed by the laws of [STATE, e.g. Queensland], Australia, and the parties submit to the courts of that state.
12.2 If any clause is found invalid, the rest of the Terms continue to apply.
12.3 These Terms, together with the Privacy Policy, are the entire agreement between us regarding the Service.
Contact: [LEGAL ENTITY NAME], [ADDRESS], [SUPPORT EMAIL]