Terms and Conditions

1. Definitions

In these Terms, unless the context requires otherwise:

• "ACL" means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• "Assessment" means an LLND (Language, Literacy, Numeracy and Digital Literacy) assessment document generated by the Platform using AI.
• "ASQA" means the Australian Skills Quality Authority.
• "Authorised User" means an individual authorised by a Subscriber to access the Platform on behalf of that Subscriber's Organisation.
• "Content" means all data, text, assessments, learner records, reports, and other materials uploaded to, created on, or generated by the Platform.
• "Organisation" means the Registered Training Organisation or other legal entity that registers for an account and holds the subscription.
• "Platform" means the LLND Architect software-as-a-service application accessible at llndarchitect.com.au and any associated APIs.
• "Qualification Slot" means a per-qualification entitlement to generate Assessments, forming part of a Subscription plan.
• "RTO" means a Registered Training Organisation registered with ASQA or a State/Territory registering body under the National Vocational Education and Training Regulator Act 2011 (Cth).
• "Services" means all features, tools, and functionality provided through the Platform.
• "Subscriber" means the Organisation that has purchased a Subscription.
• "Subscription" means a paid access plan (Boutique, Professional, or Enterprise) as described on our pricing page.

2. Acceptance of Terms

By registering for an account, clicking "Get Started", or otherwise accessing or using the Platform, you agree to be bound by these Terms on behalf of yourself and, where applicable, the Organisation you represent. If you do not agree to these Terms, you must not use the Platform.

Where you accept these Terms on behalf of an Organisation, you represent and warrant that you have authority to bind that Organisation to these Terms.

3. Eligibility

To use the Platform you must:

• be at least 18 years of age;
• be an employee, contractor, or authorised representative of an RTO or education organisation;
• have legal capacity to enter into binding contracts; and
• not be prohibited by applicable Australian law from using the Services.

We reserve the right to refuse access to any person or organisation at our sole discretion.

4. Account Registration and Security

You must provide accurate, current, and complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must:

• notify us immediately at hello@llndarchitect.com.au if you suspect unauthorised access;
• not share credentials with persons who are not Authorised Users;
• ensure Authorised Users comply with these Terms; and
• keep your Organisation and billing details up to date.

We are not liable for any loss arising from unauthorised access to your account where you have failed to maintain the security of your credentials.

5. Description of Services

LLND Architect is an AI-assisted platform that helps RTOs generate, review, and manage LLND assessments mapped to the Australian Core Skills Framework (ACSF). Core features include:

• automated retrieval of unit performance criteria and foundation skills from training.gov.au;
• ACSF peak-level analysis across five core skills (Learning, Reading, Writing, Oral Communication, Numeracy);
• AI-generated contextualised assessment questions (multiple-choice, short answer, true/false, matching, and fill-in-the-blank);
• ASQA compliance validation and quality scoring;
• learner quiz deployment and gap analysis reporting;
• PDF export of assessments and learner support plans; and
• team and audit-trail management.

We may add, modify, or remove features at any time. Material reductions in core functionality will be communicated to active Subscribers with at least 30 days notice where reasonably practicable.

6. Subscriptions and Billing

6.1 Plans and Pricing

Subscriptions are offered on monthly or annual billing cycles at the prices published on our Pricing page. Prices are in Australian Dollars (AUD) and include GST where applicable.

6.2 Payment Processing

During our current beta period, orders and subscription payments are processed directly by us after a Contact Us request or written agreement. We will issue any required billing instructions to your registered email address. Your billing relationship is directly with LLND Architect.

6.3 Renewal

Subscriptions renew at the end of each billing period unless you notify us of cancellation before the renewal date. We will send a renewal invoice to your registered email address ahead of the renewal date. Continued use of the Platform after the renewal date constitutes acceptance of the renewal charge.

6.4 Qualification Slots

Qualification Slots are purchased add-ons tied to specific qualification codes. Once activated, a Slot is non-refundable and non-transferable to a different qualification code. Unused generations within a billing cycle do not roll over.

6.5 Overages and Caps

Each plan includes defined Assessment generation caps and learner enrollment limits. We do not charge automatic overages; once a cap is reached you must upgrade your plan or purchase additional Qualification Slot add-ons to continue generating.

6.6 Price Changes

We may change subscription prices with at least 30 days written notice. Price changes take effect at your next renewal date. Continued use of the Platform after the effective date constitutes acceptance of the new price.

6.7 Taxes

Prices include Australian GST (10%) where required by law. If you are located outside Australia, local taxes may apply and will be noted on your invoice.

7. AI-Generated Content and Outputs

7.1 Nature of AI Outputs

The Platform uses large language models (currently Google Gemini 2.5 Flash) to generate Assessments and related content. AI-generated outputs are provided as drafts to assist qualified educators and RTO staff — they are not a substitute for professional educational judgment.

7.2 No Guarantee of Compliance

While the Platform is designed to assist RTOs with ASQA compliance, we do not guarantee that any Assessment generated by the Platform will satisfy ASQA's requirements for any specific audit, registration, or re-registration event. You remain solely responsible for reviewing, validating, and approving all Assessments before use.

7.3 Human Review Required

You acknowledge that all AI-generated Assessments must be reviewed and approved by a suitably qualified person (e.g., a subject-matter expert or qualified trainer/assessor) before deployment to learners. We are not liable for any regulatory, compliance, or educational harm arising from the use of unreviewed AI outputs.

7.4 Training Data

We do not use your Organisation's Content or learner data to train AI models. Prompts are processed by Google's Gemini API subject to Google's data processing terms.

8. Acceptable Use

You must not use the Platform to:

• violate any applicable Australian law or regulation;
• infringe any third-party intellectual property, privacy, or other rights;
• upload or transmit malicious code, viruses, or harmful content;
• attempt to reverse-engineer, decompile, or extract source code from the Platform;
• circumvent rate limits, billing controls, or security features;
• attempt to gain unauthorised access to other accounts or Platform infrastructure;
• harvest or scrape data from the Platform in bulk without our written consent;
• use the Platform to generate assessments for organisations that are not your employer or client RTO; or
• resell or sub-license access to the Platform without our prior written consent.

We may suspend or terminate your account immediately for material breach of this clause.

9. Intellectual Property

9.1 Platform IP

All intellectual property rights in the Platform (including software, design, trademarks, and documentation) vest in and remain with us. Nothing in these Terms transfers any ownership of Platform IP to you.

9.2 Your Content

You retain all ownership of Content you upload to the Platform. By uploading Content, you grant us a limited, non-exclusive, royalty-free licence to process that Content solely to provide the Services.

9.3 AI-Generated Assessments

Subject to payment of the applicable Subscription fees, we assign to you all right, title, and interest (to the extent legally permissible) in AI-generated Assessments created by your Organisation on the Platform. You are responsible for any downstream use of those Assessments.

9.4 Feedback

If you provide feedback, suggestions, or improvement ideas, you grant us an irrevocable, royalty-free licence to use them without restriction or attribution.

10. Data and Privacy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Platform you consent to the practices described in the Privacy Policy.

You are responsible for ensuring you have all necessary consents, authorisations, and legal bases to upload learner personal information (including names, emails, and dates of birth) to the Platform, consistent with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

11. Confidentiality

Each party agrees to keep confidential all non-public information of the other party disclosed in connection with the Services. We will not disclose your Organisation's assessment content or learner data to third parties except: (a) as required by law; (b) with your consent; or (c) to sub-processors necessary to deliver the Services (e.g., Google Cloud, Supabase), each bound by equivalent confidentiality obligations.

12. Disclaimer of Warranties

To the maximum extent permitted by law, the Platform is provided "as is" and "as available" without any warranty, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Platform will be error-free, uninterrupted, or free from security vulnerabilities. We do not warrant the accuracy, completeness, or suitability of any AI-generated Assessment for regulatory compliance purposes.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right under the ACL that cannot lawfully be excluded. For consumers (as defined in the ACL), our liability for a failure to comply with a consumer guarantee is limited, at our election, to re-supplying the Services or paying the cost of re-supply.

13. Limitation of Liability

To the maximum extent permitted by law and subject to clause 12 above:

• our aggregate liability to you for all claims arising out of or relating to the Platform or these Terms will not exceed the total fees paid by you to us in the 12 months immediately preceding the claim;
• we will not be liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of data, loss of profits, loss of opportunity, regulatory fines, or reputational harm, whether arising in contract, tort, statute, or otherwise; and
• we are not responsible for decisions made by your Organisation based on AI-generated content, including any failure of an Assessment to satisfy ASQA or other regulatory requirements.

14. Indemnification

You agree to indemnify, defend, and hold harmless LLND Architect, its officers, employees, and contractors from any claim, liability, damage, or expense (including reasonable legal costs) arising from:

• your breach of these Terms;
• your use of the Platform in violation of applicable law;
• Content you upload that infringes a third party's rights; or
• learner complaints or regulatory action arising from your deployment of AI-generated Assessments.

15. Suspension and Termination

15.1 Termination by You

You may cancel your Subscription at any time via the billing settings in your dashboard or by contacting us. Cancellation takes effect at the end of the current billing period. You remain liable for all charges accrued before cancellation.

15.2 Termination by Us

We may suspend or terminate your account with immediate effect if you materially breach these Terms and (where the breach is capable of remedy) fail to remedy it within 14 days of written notice. We may also terminate for convenience with 30 days written notice, in which case we will pro-rate any unused Subscription fees.

15.3 Effect of Termination

Upon termination, your right to access the Platform ceases. We will retain your data for 60 days post-termination to allow export, after which it will be deleted in accordance with our data retention practices. Clauses 9, 11, 12, 13, 14, and 17 survive termination.

16. Changes to the Platform or Terms

We may update these Terms at any time. Material changes will be notified by email or prominent in-app notice at least 14 days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not accept the changes, you may cancel your Subscription before the effective date.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.

Before commencing legal proceedings, the parties agree to attempt in good faith to resolve any dispute by escalation to senior management, followed by mediation in Brisbane, Australia, administered by the Australian Disputes Centre (ADC) under the ADC Mediation Rules, unless either party seeks urgent injunctive relief.

18. General Provisions

• Entire Agreement. These Terms (together with the Privacy Policy and Refund Policy) constitute the entire agreement between the parties regarding the Platform and supersede all prior representations.
• Severability. If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver. Failure to enforce a right does not constitute a waiver of that right.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor entity in connection with a merger, acquisition, or sale of substantially all our assets.
• Force Majeure. Neither party is liable for delays or failures caused by events beyond their reasonable control, including natural disasters, government action, or internet outages.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

19. Contact Us

Questions about these Terms should be directed to: